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THE 



CENTURY 8 INDEPENDENCE: 



Embracing a Collection, from Official Sources, of the Most Important 



?&ocumeni& ant) .Stafiofics 



CONNECTED WITH THE 



POLITICAL HISTORY OF AMERICA; 



ALSO, 



A Chronological Record of the Principal Events, from its 
Discovery to the Present Time; 



BIOGRAPHICAL 1 HISTORICAL SKETCHES. 



V - 

J. R. HUSSEY & CO., 



INDIANAPOLIS, IND. 

1876. 



Orb^ 



Entered according to Act of Congress, in the year 1876, by 

J. R. HUSSEY & CO., 

In the Office of the Librarian of Congress, at Washington, D. C. 






Stereotyped at Wii.sta.ch, Baldwin & Co., 

Fbakki.in Tite Foundry, Printers, Bookbinders, and Stationers, 

Cincinnati. Cincinnati, Ohio. 



CONTENTS. 



PAGE 

Confederation of the Original States 7 

Washington's Acceptance of the Command of the Army. . 9 
Declaration of Independence. . . . . . .11 

Articles of Confederation and Perpetual Union between 

the States 17 

Ordinance of 1787 Relating to the Government of the North- 
western Territory. ....... 27 

Constitution of the United States. ..... 35 

Washington's Address on Resigning his Commission as 

Commander-in-Chief. ..%... 55 

Washington's Inaugural Address. ..... 57 

Washington's Farewell Address. . . . . .62 

Missouri Slavery Compromise of 1820. . . . .79 

Jackson's Proclamation to the South Carolina Nullifiers. . 80 

Fugitive Slave Law of 1850 104 

Kansas and Nebraska Territorial Act of 1854. . . .111 

History of each of the States. ...... 124 

Proposed Crittenden Compromise. . - . . . 152 

Lincoln's Emancipation Proclamation. .... 154 

Letter Explaining the Same. ...... 156 

Johnson's Amrresty Proclamation. ..... 161 

Impeachment Trial of Andrew Johnson. . . . . 164 

Chronological Record of the Century of Independence. . 185 
Presidents and Vice Presidents of the United States. . 223 
Patties of the Several Wars of the United States. . . 225 
Population of the United States at Decennial Periods. . 229 
Eminent Men and Women of America. .... 230 

Life of Washington, and Electoral Votes of First and 

Second Terms 238 

Life of John Adams, and Electoral Vote of Third Term. . 242 
Life of Jefferson, and Electoral Votes of Fourth and Fifth 

Terms 245 

Life of Madison, and Electoral Votes of Sixth and Seventh 

Terms 249 

Life of Monroe, and Electoral Votes of Eighth " and Ninth 

Terms 253 

(3) 



CONTENTS. 



Life of John Q. Adams, and Electoral Vote of Tenth Term. 257 
Life of Jackson, and Electoral Votes of Eleventh and 

Twelfth Terms 260 

Life of Van Buren, and Electoral Vote of Thirteenth Term. 264 
Life of Harrison, and Electoral Vote of Fourteenth Term. 267 

Life of Tyler 271 

Life of Polk, and Electoral Vote of Fifteenth Term. . 273 
Life of Taylor, and Electoral Vote of Sixteenth Term. . 276 

Life of Fillmore 279 

Life of Pierce, and Electoral Vote of Seventeenth Term. . 281 
Life of Buchanan, and Electoral Vote of Eighteenth Term. 284 
Life of Lincoln, and Electoral Votes of Nineteenth and 

Twentieth Terms 289 

Life of Johnson. 297 

Life of Grant, and Electorial Votes of Twenty-first and 

Twenty-second Terms. ... . . . . 300 

Popular vote for Presidents by States since 1824. . . 306 

The Military Government Bill 311 

Supplement to samef and Amendments 313 

Amnesty Act of 1872 316 

Homestead Laws. 317 

Important Statistics of States and Territories — 

(a) Number of Members of Congress of each. . . 318 
(6) By whom Settled, and when. ..... 318 

( c) Date of Act Creating each 318 

(d) Time of Holding General Elections. . 'I .318 

(e) Senators: Number and Term of Office. . . . 318 

(f) Representatives: Number and Term of Office. . 319 

(g) Time of Meeting of Legislatures. .... 319 

(A) Governors: Term of Office, and State Capitals. . 319 
(i) Wealth, Local Debt, and Taxation. . . .320 

(j) Agricultural. ........ 321 

(&) Public Debt from 1857 to 1875, July 1st, Annually. 322 
(l) Public Debt at Close of each Administration, from 

1793 to 1872 322 

Statement of Public Lands and Grants. . . . 322 
Revenues of the Government from 1857 to 1875. . 323 
Expenditures of the Government from 1857 to 1875. 324 
Gold Fluctuations from 1862 to 1872. . _ . .325 
Manufactures : Value and Gross Productions. . 325 
Distribution of the Currency. . . . 326-327 

The Civil Rights Bill 328 

The Tenure of Office Bill 332 

The Platforms of Political Parties from 1860. . . .335 
Civil Service Regulations. . . . ■ . . . . 356 



CONTENTS. 5 

PAGE 

Geneva Arbitration, San Juan Boundary, Fisheries, etc. . 362 
Enforcement Act. ........ 388 

Amendatory Enforcement Act and Supplement. . . 400 

Ku-Klux Act 413 

Salary Act 418 

Repeal of Salary Act. 420 

Grant's Veto Message of The Currency Bill. . . . 421 
Dawes's Compromise Redistribution Currency Bill. . . 425 

Bankrupt Act as Amended 1875 430 

The Act for Resumption of Specie Payment. . . .486 

Geneva and San Juan Awards 488 

Poland's Gag Law 496 

Civil Rights Bill of 1873 . . 497 

Parliamentary Rules. ....... 499 

Pay of Officers of the United States, Civil and Military. . 506 
Schedule of Stamp Duty. ....... 512 

History of The National Banks 516 

History of Finances, Loans, Bonds, Legal Tender Notes, 

etc., of the Century 532 



CONFEDERATION OF THE ORIGINAL 
STATES. 



On Monday, the 5th of September, 1774, there were 
assembled at Carpenter's Hall, in the city of Philadelphia, 
a number of men who had been chosen and appointed by 
the several colonies in North America to hold a Congress 
for the purpose of discussing certain grievances imputed 
against the mother country. This Congress resolved, on 
the next day, that each colony should have one vote only. 
On Tuesday, the 2d July, 1776, the Congress resolved, 
"That these United Colonies are, and of right ought to 
be, Free and Independent States," etc., etc.; and on 
Thursday, the 4th July, the whole Declaration of Inde- 
pendence having been agreed upon, it was publicly read 
to the people. Shortly after, on the 9th September, it 
was resolved that the words " United Colonies" should be 
no longer used, and that the "United States of Amer- 
ica" should thenceforward be the style and title of the 
Union. On Saturday, the 15th November, 1777, "Arti- 
cles of Confederation and Perpetual Union of the United 
States of America" were agreed to by the State delegates, 
subject to the ratification of the State legislatures severally. 
Eight of the States ratified these articles on the 9th July, 
1778 ; one on the 21st July ; one on the 24th July ; one 
on the 26th November of the same year; one on the 22d 
February, 1779 ; and the last one on the 1st March, 1781. 
Here was a bond of union between thirteen independent 
States, whose delegates in Congress legislated for the gen- 
eral welfare, and executed certain powers so far as they 
were permitted by the articles aforesaid. The following 
are the names of the Presidents of the Continental Con- 
gress from 1774 to 1788: 

Peyton Randolph, Virginia 5th Sept., 1774. 

Henry Middleton, South Carolina 22d Oct., 1774. 

Peyton Randolph, Virginia 10th May, 1775. 

7 



8 CONFEDERATION OF THE ORIGINAL STATES. 

John Hancock, Massachusetts 24th May, 1776. 

Henry Laurens, South Carolina 1st Nov., 1777. 

John Jay, New York 10th Dec, 1778. 

Samuel Huntington, Connecticut 28th Sept., 1779. 

Thomas McKean, Delaware 10th July, 1781. 

John Hanson, Maryland 5th Nov., 1781. 

Elias Boudinot, New Jersey 4th " 1782. 

Thomas Mifflin, Pennsylvania 3d " 1783. 

Richard Henry Lee, Virginia 30th " 1784. 

Nathaniel Gorham, Massachusetts 6th Jan., 1786. 

Arthur St. Clair, Pennsylvania 2d Feb., 1787. 

Cyrus Griffin, Virginia 22d Jan., 1788. 

The seat of government was established as follows : At 
Philadelphia, Pa., commencing September 5, 1774, and 
May 10, 1775; at Baltimore, Md., December 20, 1776 
at Philadelphia, Pa., March 4, 1777; at Lancaster, Pa. 
September 27, 1777 ; at York, Pa., September 30, 1777 
at Philadelphia, Pa., July 2, 1778; at Princeton, N. J. 
June 30, 1783; at Annapolis, Md., November 26, 1783 
at Trenton, N. J., November 1, 1784; and at New York 
City, N. Y., January 11, 1785. 

On the 4th March, 1789, the present Constitution, which 
had been adopted by a convention and ratified by the 
requisite number of States, went into operation. 



WASHINGTON'S ACCEPTANCE OF THE 
COMMAND OF THE ARMY. 



There were not many occasions during his public career 
that Washington was called upon to exercise his abilities as 
a writer or an orator ; but when such occasion did occur, he 
always acquitted himself with a degree of perspicuity and 
modesty which may be said to have been characteristic of 
himself alone. The addresses which follow mark, as it were, 
four distinct epochs in the history of this unexampled man : 
the first, when he accepted the command of the armies by 
which our national independence was achieved ; the second, 
when he surrendered his commission, after having driven 
the foes of freedom from his beloved country ; the third, 
when he assumed the responsible duties of President, in 
which office his high qualities for civil government were as 
conspicuous as had been his military talents in the field; and 
fourth, when he resigned his great trust and took leave of 
the people in his imperishable " Farewell Address," an in- 
estimable legacy, which can not be too frequently conned by 
every American who values his birthright. 

Washington's election as commander-in-chief. 

On the 15th of June, 1775, Washington was unanimously 
elected by Congress to " command all the Continental forces 
raised, or to be raised, for the defense of American liberty," 
and when he appeared in his place the next day, the President 
of that body acquainted him with his election, in a well- 
timed address, " and requested that he should accept of that 
employment;" to which Washington replied as follows : 

"Mr. President: Though I am truly sensible of the 
high honor done me, in this appointment, yet I feel great 
distress, from consciousness that my abilities and military 
experience may not be equal to the extensive and impor- 
tant trust : However, as the Congress desire it, I will enter 

(9) 



10 WASHINGTON'S ADDRESS, 

upon the momentous duty, and exert every power I possess in 
their service, and for support of the glorious cause. I beg 
they will accept my most cordial thanks for this distin- 
guished testimony of their approbation. 

" But lest some unlucky event should happen, unfavor- 
able to my reputation, I beg it may be remembered, by every 
gentleman in the room, that I, this day, declare, with the 
utmost sincerity, I do not think myself equal to the com- 
mand I am honored with. 

" As to pay, sir, I beg leave to assure the Congress, that, as 
no pecuniary consideration could have tempted me to accept 
this arduous employment, at the expense of my domestic 
ease and happiness, I do not wish to make any profit from 
it. I will keep an exact account of my expenses. Those, 
I doubt not, they will discharge, and that is all I desire." 



DECLARATION OF INDEPENDENCE. 



IN CONGRESS, TUESDAY, JULY 4, 1776. 

Agreeably to the order of the day, the Congress resolved 
itself into a committee of the whole, to take into their 
further consideration the Declaration ; and, after some 
time, the President resumed the chair, and Mr. Harrison 
reported that the Committee had agreed to a Declaration, 
"which they desired him to report. (The committee con- 
sisted of Jefferson, Franklin, John Adams, Sherman, and 
R. R. Livingston.) 

The Declaration, being read, was agreed to as follows: 

A DECLARATION 

BY THE REPRESENTATIVES OF THE UNITED STATES OF 
AMERICA, IN CONGRESS ASSEMBLED. 

When, in the course of human events, it becomes neces- 
sary for one people to dissolve the political bands which 
have connected them with another, and to assume among 
the powers of the earth the separate and equal station to 
which the laws of nature and of nature's God entitle them, 
a decent respect for the opinions of mankind requires that 
they should declare the causes which impel them to the 
separation. 

We hold these truths to be self-evident : that all men 
are created equal; that they are endowed by their Creator 
with certain inalienable rights ; that among these are life, 
liberty, and the pursuit of happiness. That, to secure 
these rights, governments are instituted among men, deriv- 
ing their just powers from the consent of the governed ; 
that, whenever any form of government becomes destruc- 
tive of these ends, it is the right of the people to alter 
or to abolish it, and to institute a new governnrent, laying 
its foundation on such principles, and organizing its powers 

11 



12 DECLARATION OF INDEPENDENCE. 

in such form, as to them shall seem most likely to effect 
their safety and happiness. Prudence, indeed, will dictate 
that governments long established should not be changed 
for light and transient causes ; and, accordingly, all expe- 
rience hath shown that mankind are more disposed to suffer, 
while evils are sufferable, than to right themselves by 
abolishing the forms to which they are accustomed. But, 
when a long train of abuses and usurpations, pursuing 
invariably the same object, evinces a design to reduce 
them under absolute despotism, it is their right, it is their 
duty, to -throw off such government, and to provide new 
guards for their future security. Such has been the 
patient sufferance of these colonies, and such is now the 
necessity which constrains them to alter their former sys- 
tems of government. The history of the present King of 
Great Britain is a history of repeated injuries and usur- 
pations, all having in direct object the establishment of 
an absolute tyranny over these States. To prove this, let 
facts be submitted to a candid world : 

He has refused his assent to laws the most wholesome 
and necessary for the public good. 

He has forbidden his Governors to pass laws of imme- 
diate and pressing importance, unless suspended in their 
operation till his assent should be obtained ; and, when so 
suspended, he has utterly neglected to attend to them. 

He has refused to pass other laws for the accommodation 
of large districts of people unless those people would 
relinquish the right of representation in the legislature — 
a right inestimable to them, and formidable to tyrants 
only. 

He has called together legislative bodies at places un- 
usual, uncomfortable, and distant from the depository of 
their public records, for the sole purpose of fatiguing them 
into compliance with his measures. 

He has dissolved representative houses repeatedly for 
opposing, with manly firmness, his invasions on the rights 
of the people* 

He has refused, for a long time after such dissolutions, 
to cause others to be elected ; w r hereby the legislative 
powers, incapable of annihilation, have returned to the 



DECLARATION OF INDEPENDENCE. 13 

people at large for their exercise, the State remaining, in 
the mean time, exposed to all the danger of invasion from 
without, and convulsions within. 

He has endeavored to prevent the population of these 
States ; for that purpose, obstructing the laws for natural- 
ization of foreigners ; refusing to pass others to encourage 
their emigration hither, and raising the conditions of new 
appropriations of lands. 

He has obstructed the administration of justice, by re- 
fusing his assent to laws for establishing judiciary powers. 

He has made judges dependent on his will alone for the 
tenure of their offices and the amount and payment of 
their salaries. 

He has erected a multitude of new offices, and sent 
hither swarms of officers to harass our people, and eat out 
their substance. 

He has kept among us, in times of peace, standing 
armies, without the consent of our legislature. 

He has affected to render the military independent of, 
and superior to, the civil power. 

He has combined, with others, to subject us to a juris- 
diction foreign to our constitution, and unacknowledged 
by our laws ; giving his assent to their acts of pretended 
legislation : 

For quartering large bodies of armed troops among us ; 

For protecting them, by mock trial, from punishment, 
for any murders which they should commit on the inhab- 
itants of these States ; 

For cutting off our trade with all parts of the world ; 

For imposing taxes on us without our consent ; 

For depriving us, in many cases, of the benefits of trial 
by jury ; 

For transporting us beyond seas to be tried for pre- 
tended offenses; 

For abolishing the free system of English laws in a 
neighboring province, establishing therein an arbitrary 
government, and enlarging its boundaries, so as to render 
it at once an example and fit instrument for introducing 
the same absolute rule into these colonies ; 

For taking away our charters, abolishing our most val- 



14 DECLARATION OF INDEPENDENCE. 

liable laws, and altering, fundamentally, the powers of our 
governments ; 

For suspending our own legislature, and declaring them- 
selves invested with power to legislate for us in all cases 
whatsoever. 

He has abdicated government here, by declaring us out 
of his protection, and waging Avar against us. 

He has plundered our seas, ravaged our coast, burnt our 
towns, and destroyed the lives of our people. 

He is, at this time, transporting large armies of foreign 
mercenaries to complete the works of death, desolation, 
and tyranny, already begun, with circumstances of cruelty 
and perfidy, scarcely paralleled in the most barbarous 
ages, and totally unworthy the head of a civilized nation. 

He has constrained our fellow-citizens, taken captive on 
the high seas, to bear arms against their country, to be- 
come the executioners of their friends and brethren, or to 
fall themselves by their hands. 

He has excited domestic insurrections amongst us, and 
has endeavored to bring on the inhabitants of our frontiers 
the merciless Indian savages, whose known rule of war- 
fare is an undistinguished destruction, of all ages, sexes, 
and conditions. 

In every stage of these oppressions, we have petitioned 
for redress, in the most humble terms ; our repeated peti- 
tions have been answered only by repeated injury. A 
prince, whose character is thus marked by every act which 
may define a tyrant, is unfit to be the ruler of a free 
people. 

Nor have we been wanting in attention to our British 
brethren. We have warned them, from time to time, of 
attempts made by their legislature to extend an unwar- 
rantable jurisdiction over us. We have reminded them 
of the circumstances of our emigration and settlement 
here. We have appealed to their native justice and mag- 
nanimity, and we have conjured them by the ties of our 
common kindred, to disavow these usurpations, which 
would inevitably interrupt our connections and corres- 
pondence. They, too, have been deaf to the voice of jus- 
tice and consanguinity. We must, therefore, acquiesce in 



DECLARATION OF INDEPENDENCE. 15 

the necessity, which denounces our separation, and hold 
them, as we hold the rest of mankind, enemies in war — 
in peace, friends. 

We, therefore, the representatives of the UNITED 
STATES OF AMERICA, in GENERAL CONGRESS 
assembled, appealing to the Supreme Judge of the World 
for the rectitude of our intentions, do in the name, and by 
the authority of the good people of these colonies, sol- 
emnly publish and declare, That these United Colonies 
are, and of right ought to be, Free and Independent 
States ; that they are absolved from all allegiance to the 
British crown, and that all political connections between 
them and the State of Great Britain is, and ought to be, 
totally dissolved; and that, as FREE AND INDE- 
PENDENT STATES, they have full power to levy war, 
conclude peace, contract alliances, establish commerce, 
and to do all other acts and things which INDEPEND- 
ENT STATES may of right do. And for the support 
of this Declaration, with a firm reliance on the protection 
of DIVINE PROVIDENCE, we mutually pledge to 
each other, our lives, our fortunes, and our sacred honor. 



The foregoing Declaration was, by order of Congress, 
engrossed, and signed by the following members : 

JOHN HANCOCK. 



New Hampshire. Rhode Island. 

Josiah Bartlett, Stephen Hopkins, 

William Whipple, William Ellery. 
Matthew 1 hornton. 

Massachusetts Bay. New York. 

Samuel Adams, William Floyd, 

John Adams, Philip Livingston, 

Robert Treat Payne, Francis Lewis, 

Elbridge Gerry. Lewis Morris. 



16 



DECLARATION OF INDEPENDENCE. 



Connecticut. 

Roger Sherman, 
Samuel Huntington, 
William Williams, 
Oliver Wolcott. 



New Jersey. 

Richard Stockton, 
John Witherspoon, 
Francis Hopkinson, 
John Hart, 
Abraham Clark. 



Pennsylvania. 

Robert Morris, 
Benjamin Rush, 
Benjamin Franklin, 
John Morton, 
George Clymer, 
James Smith, 
George Taylor, 
James Wilson, 
George Ross. 



Delaware. 

Cesar Rodney, 
George Read, 
Thomas M'Kean. 



Maryland. 

Samuel Chase, 
William Paca, 
Thomas Stone, 
Charles Carroll, of Car- 
rollton. 



Virginia. 

George Wythe, 
Richard Henry Lee, 
Thomas Jefferson, 
Benjamin Harrison, 
Thomas Nelson, Jun., 
Francis Lightfoot Lee, 
Carter Braxton. 

North Carolina. 

William Hooper, 
Joseph Hewes, 
John Penn. 

South Carolina. 

Edward Rutledge, 
Thomas Heyward, Jun., 
Thomas Lynch, Jun., 

Arthur Middleton. 

Georgia. 

Button Gwinnett, 
Lyman Hall, 
George Walton. 



ARTICLES OF CONFEDERATION 



AND 



PERPETUAL UNION BETWEEN THE STATES. 



The Articles of Confederation reported July 12, '76, and debated 
from day to day, and time to time, for two years; were ratified July 
9, '78, by ten Slates; by New Jersey, on the 26th of November of the 
same year; and by Delaware, on the 23d of February following. 
Maryland, alone, held off two years more, acceding to them March 1, 
'81, aud thus closing the obligation. The following are the Articles: 

To all whom these Presents shall come, We, Hie undersigned 
Delegates of the States affixed to our names, send greeting — 
Whereas, the Delegates of the United States of America, 
in Congress assembled, did, on the 15th day of November, 
in the year of our Lord, 1777, and in the Second Year of 
the Independence of America, agree to certain Articles of 
Confederation and Perpetual Union between the States of 
New Hampshire, Massachusetts Bay, Rhode Island and 
Providence Plantations, Connecticut, New York, New 
Jersey, Pennsylvania, Delaware, Maryland, Virginia, 
North Carolina, South Carolina, and Georgia, in the 
words following, viz. : 

"Articles of Confederation atui Perpetual Union between the 
States of New Hampshire, Massachusetts Bay, Rhode Island 
and Providence Plantations, Connecticut, New York, New 
Jersey, Pennsylvania, Delaware, Maryland, Virginia, Norilt, 
Carolina, South Carolina, ami Georgia. 

Article 1. The style of this Confederacy shall be 
"The United States of America." 

Article 2. Each State retains its sovereignty, free- 
dom, and independence, and every power, jurisdiction, and 
right, which is not by this confederation expressly dele- 
gated to the United State"; in Congress assembled. 

Article 3. The said States hereby severally enter into 
a firm league of friendship with each other for their com- 
2 17 



18 ARTICLES OF CONFEDERATION. 

mon defense, the security of their liberties, and their mu- 
tual and general welfare, binding themselves to assist each 
other against all force offered to, or attacks made upon 
them, or any of them, on account of religion, sovereignty, 
trade, or any other pretense whatever. 

Article 4. The better to secure and perpetuate mutual 
friendship and intercourse among the people of the different 
States in this Union, the free inhabitants of each of these 
States — paupers, vagabonds, and fugitives from justice ex- 
cepted — shall be entitled to all privileges and immunities 
of free citizens in the several States ; and the people of 
each State shall have free ingress and regress to and from 
any other State, and shall enjoy therein all the privileges 
of trade and commerce, subject to the same duties, imposi- 
tions, and restrictions, as the inhabitants thereof respect- 
ively, provided that such restriction shall not extend so 
far as to prevent the removal of property, imported into 
any State, to any other State of which the owner is an in- 
habitant ; provided, also, that no imposition, duties or re- 
striction shall be laid by any State on the property of the 
United States, or cither of them. 

If any person guilty of or charged with treason, felony, 
or other high misdemeanor in any State, shall flee from 
justice, and be found in any of the United States, he shall, 
upon demand of the Governor, or executive power of the 
State from which he fled, be delivered up and removed to 
the State having jurisdiction of his offense. 

Full faith and credit shall be given in each of these 
States, to the records, acts, and judicial proceedings of the 
courts and magistrates of every other State. 

Article 5. For the more convenient management of 
the general interest of the United States, Delegates shall 
be annually appointed, in such manner as the legislature 
of each State shall direct, to meet in Congress on the first 
Monday in November, in every year, with a power reserved 
to each State, to recall its Delegates, or any of them, at any 
time within the year, and to send others in their stead, for 
the remainder of the year. 

No state shall be represented in Congress by less than 
two, nor by more than seven members; and no person shall 



ARTICLES OF CONFEDERATION. 19 

be capable of being a Delegate for more than three years 
in any term of six years ; nor shall any person, being a 
Delegate, be capable of holding any office under the United 
States, for which he, or another for his benefit, receives 
any salary, fees, or emolument of any kind. 

Each State shall maintain its own Delegates in any 
meeting of the States, and while they act as members of 
the Committee of the States. 

In determining questions in the United States, in Con- 
gress assembled, each State shall have one vote. 

Freedom of speech and debate in Congress shall not be 
impeached or questioned in any court or place, out of Con- 
gress, and the members of Congress shall be protected in 
their persons from arrests and imprisonments, during the 
time of their going to and from, and attendance on Con- 
gress, except for treason, felony, or breach of the peace. 

Article 6. No State, without the consent of the United 
States in Congress assembled, shall send an embassy to, or 
receive an embassy from, or enter into any conference, 
agreement, alliance, or treaty with any King, Prince, or 
State ; nor shall any person holding any office of profit or 
trust under the United States, or any of them, accept of 
any present, emolument, office or title of any kind what- 
ever from any King, Prince, or Foreign State ; nor shall 
the United States in Congress assembled, or any of them, 
grant any title of nobility. 

No two or more States shall enter into any treaty, con- 
federation or alliance whatever between them, without the 
consent of the United States in Congress assembled, speci- 
fying accurately the purposes for which the same is to be 
entered into, and how long it shall continue. 

No State shall lay any imposts or duties which may in- 
terfere with any stipulations in treaties, entered into by 
the United States in Congress assembled, with any King, 
Prince or State, in pursuance of any treaties already pro- 
posed by Congress, to the Courts of France and Spain. 

No vessels of war shall be kept up in time of peace by 
any State except such number only, as shall be deemed 
necessary by the United States in Congress assembled, for 
the defense of such State, or its trade ; nor shall any body 



20 ARTICLES OP CONFEDERATION. 

of forces be kept up by any State, in time of peace, except 
such number only, as in the judgment of the United Sf.at.es 
in Congress assembled, shall be deemed requisite to gar- 
rison the forts necessary for the defense of such State ; but 
every State shall always keep up a well regulated and dis- 
ciplined militia, sufficiently armed and accoutred, and shall 
provide and have constantly ready for use, in public stores, 
a due number of field-pieces and tents, and a proper quan- 
tity of arms, ammunition, and camp equipage. 

No State shall engage in any war without the consent of 
the United States in Congress assembled, unless such State 
be actually invaded by enemies, or shall have received cer- 
tain advice of a resolution being formed by some nation of 
Indians to invade such a State, and the danger is so immi- 
nent as not to admit of a delay, till the United States in 
Congress assembled can be consulted : nor shall any State 
grant commissions to any ships or vessels of war, nor let- 
ters of marque or reprisal, except it be after a declaration 
of war by the United States in Congress assembled, and 
then only against the Kingdom or State, and the subjects 
thereof, against which war has been so declared, and under 
such regulations as shall be established by the United States 
in Congress assembled, unless such State be infested by 
pirates, in which case vessels of war may be fitted out for 
that occasion, and kept so long as the danger shall continue, 
or until the United States in Congress assembled shall de- 
termine otherwise. 

Article 7. When land forces are raised by any State 
for the common defense, all officers of, or under the rank 
of colonel, shall be appointed by the legislature of each 
State respectively, by whom such forces shall be raised, or 
in such manner as such State shall direct, and all vacancies 
shall be filled up by the State which first made the appoint- 
ment. 

Article 8. All charges of war, and all other expenses 
that shall be incurred for the common defense or general 
welfare, and allowed by the United States in Congress as- 
sembled, shall be defrayed out of a common treasury, which 
shall be supplied by the severe! States, in proportion to the 
value of all hind within each State, granted to or surveyed 



ARTICLES OP CONFEDERATION. 21 

for any person, as such land and the buildings and improve- 
ments thereon shall be estimated according to such mode as 
the United States in Congress assembled, shall, from time 
to time, direct and appoint. The taxes for paying that pro- 
portion shall be laid and levied by the authority and direc- 
tion of the legislatures of the several States within the time 
agreed upon by the_ United States in Congress assembled. 

Article 9. The United States in Congress assembled 
shall have the sole and exclusive right and power of deter- 
mining on peace and war, except in the cases mentioned in 
the 6th article — of sending and receiving embassadors — en- 
tering into treaties and alliances, provided that no treaty 
of commerce shall be made whereby the legislative power 
of the respective States shall be restrained from imposing 
such imposts and duties on foreigners, as their own people 
are subjected to, or from prohibiting the exportation or im- 
portation of any species of goods or commodities whatso- 
ever — of establishing rules for deciding in all cases what 
captures on land or water shall be legal, and in what man- 
ner prizes taken by land or naval forces in the service of 
the United States shall be divided or appropriated — of grant- 
ing letters of marque and reprisal in times of peace — ap- 
pointing courts for the trial of piracies and felonies com- 
mitted on the high seas and establishing courts for receiving 
and determining finally appeals in all cases of captures, 
provided that no member of Congress shall be appointed a 
judge of any of the said courts. 

The United States in Congress assembled shall also be the 
last resort on appeal in all disputes and differences now 
subsisting or that hereafter may arise between two or more 
States concerning boundary, jurisdiction, or any other cause 
whatever; which authority shall always be exercised in the 
manner following: — Whenever the legislative or executive 
authority or lawful agent of any State in controversy with 
another shall present a petition to Congress, stating the mat- 
ter in question, and praying for a hearing, notice thereof shall 
be given by order of Congress, to the legislative or execu- 
tive authority of the other State in controversy, and a day as- 
signed for the appearance of the parties by their lawful ageuts, 
who shall then be directed to appoint, by joint consent, com- 



22 ARTICLES OF CONFEDERATION. 

mis^ioners or judges to constitute a court for hearing and de- 
termining the matter in question: but if they can not agree, 
Congress shall name three persons out of each of the United 
States, and from the 1-ist of such persons each party shall 
alternately strike out one, the petitioners beginning, until 
the number shall be reduced to thirteen ; and from that num 
ber not less than seven, nor more than nine names, as Con 
gress shall direct, shall in the presence of Congress be drawr 
out by lot, and the persons whose names shall be so drawn 
or any five of them, shall be commissioners or judges, to 
hear and finally determine the controversy, so always as a 
major part of the judges who shall hear the cause shall 
agree in the determination : and if either party shall neg- 
lect to attend at the day appointed, without showing reasons 
which Congress shall judge sufficient, or being present shall 
refuse to strike, the Congress shall proceed to nominate three 
persons out of each State, and the Secretary of Congress 
shall strike in behalf of such party absent or refusing ; and 
the judgment and sentence of the court to be appointed, 
in the manner above prescribed, shall be final and conclu- 
sive; and if any of the parties shall refuse to submit to the 
authority of such court, or to appear or defend their claim 
or cause, the court shall, nevertheless, proceed to pronounce 
sentence or judgment, which shall in like manner be final 
and decisive, the judgment or sentence and other proceed- 
ings being in either case transmitted to Congress and lodged 
among the acts of Congress for the security of the parties 
concerned : provided that every commissioner, before he sits 
in judgment, shall take an oath, to be administered by one 
of the judges of the Supreme or Superior Court of the State 
where the cause shall be tried, "well and truly to hear and 
determine the matter in question, according to the best of 
his judgment, without favor, affection, or hope of reward :" 
provided also that no State shall be deprived of territory 
for the benefit of the United States. 

All controversies concerning the private right of soil 
claimed under different grants of two or more States, whoso 
jurisdictions as they may respect such lands, and the States 
vhich passed such grants, are adjusted; the said grants or 
9ither of them being at the same time claimed to havo orig- 



ARTICLES OP CONFEDERATION. 23 

.nated antecedent to such settlement of jurisdiction, shall, on 
the petition of either party to the Congress of the United 
States, be finally determined as near as may be in the same 
manner as is before prescribed for deciding disputes respect- 
ing territorial jurisdiction between different States. 

The United States in Congress assembled shall also have 
thj sole exclusive right and power of regulating the alloy 
and value of coin struck by their own authority, or by that 
of the respective States — fixing the standard of weights and 
measures throughout the United States— regulating the trade 
and managing all affairs with the Indians, not members of 
any of the States; provided that the legislative right of any 
State within its own limits be not infringed or violated — es- 
tablishing or regulating post-offices from oneStateto another, 
throughout all the United States, and exacting such postage 
on the papers passing through the same as may be requisite 
to defray the expenses of the said office — appointing all of- 
ficers of the land forces, in the service of the United States, 
excepting regimental officers — appointing all the officers of 
the naval forces, and commissioning all officers whatever in 
the service of the United States — making rules for the gov- 
ernment and regulation of the said land and naval forces, 
and directing their operations. 

The United States in Congress assembled shall have au- 
thority to appoint a committee, to sit in the recess of Con- 
gress, to be denominated "A Committee of the States," and 
to consist of one delegate from each State; and to appoint 
such other committees and civil officers as may be necessary 
for managing the general affairs of the United States, under 
their direction — to appoint one of their number to preside; 
provided that no person be allowed to serve in the office of 
president more than one year in any term of three years — 
to ascertain the necessary sums of money to be raised for 
the service of the United States, and to appropriate and ap- 
ply the same for defraying the public expenses — to borrow 
money, or emit bills on the credit of the United States, trans- 
mitting every half year to the respective States an account 
of the sums of money so borrowed or emitted — to build and 
equip a navy — to agree upon the number of land forces, and 
to make requisitions from each Stato for its quota, in pro- 



24 ARTICLES OP CONFEDERATION. 

portion to the number of white inhabitants in such State ; 
which requisition shall be binding; and thereupon the leg 
islatures of each State shall appoint the regimental officers, 
raise the men, and clothe, arm, and equip them in a soldier- 
like manner, at the expense of the United States; and thu 
officers and men so clothed, armed, and equipped, shall march 
to the place appointed, and within the time agreed on by the 
United States in Congress assembled ; but if the United States 
in Congress assembled shall, on consideration of circum- 
stances, judge proper that any State should not raise men, 
or should raise a smaller number than its quota, and that 
any other State should raise a greater number of men than 
the quota thereof, such extra number shall be raised, offi- 
cered, clothed, armed, and equipped in the same manner as 
the quota of such State, unless the legislature of such state 
shall judge that such extra number can not be safely spared 
out of the same ; in which case they shall raise, officer, clothe, 
arm, and equip as many of such extra number as they judge 
can be safely spared. And the officers and men so clothed, 
armed, and equipped, shall march to the place appointed, 
and within the time agreed on by the Uuited States in Con- 
gress assembled. 

The United States in Congress assembled shall never en- 
gage in a war, nor grant letters of marque and reprisal in 
time of peace, nor enter into any treaties or alliances, nor 
coin money, nor regulate the value thereof, nor ascertain the 
sums and expenses necessary for the defense and welfare of 
the United States, or any of them, nor emit bills, nor bor- 
row money on the credit of the United States, nor impro- 
priate money, nor agree upon the number of vessels of war 
to be built or purchased, or the number of land or sea forces 
to be raised, nor appoint a commander-iu-chief of the army 
or navy unless nine States assent to the same; nor shall a 
question on any other point, except for adjourning from day 
to day, be determined, unless by the votes of a majority of 
the United States in Congress assembled. 

The Congress of the United States shall have power to 
adjourn to any time within the year, and to any place within 
the United States, so that no period of adjournment be for 
a longer duration than the space of six months, and shall 



ARTICLES OF CONFEDERATION. 25 

publish the journal of their proceedings monthly, except 
such parts thereof relating to treaties, alliances, or military 
operations, as in their judgment require secresy; and the 
yeas and nays of the delegates of each State on any ques- 
tion shall be entered on the journal when it is desired by 
any delegate; and the delegates of a State, or any of them, 
at his or their request, shall be furnished with a transcript 
of the said journal, except such parts as are above excepted, 
to lay before the legislatures of the several States. 

Article 10. The committee of the States, or any nine 
of them shall be authorized to execute, in the recess of Con- 
gress, such of the powers of Congress as the United States 
in Congress assembled, by the consent of nine States, shall, 
from time to time, think expedient to vest them with ; pro- 
vided that no power be delegated to the said committee; for 
the exercise of which, by the Articles of Confederation, the 
voice of nine States in the Congress of the United States 
assembled is requisite. 

Article 11. Canada, acceding to this confederation and 
joining in the measures of the United States, shall be ad- 
mitted into, and entitled to all the advantages of this union; 
but no other colony shall be admitted into the same unless 
such admission be agreed to by nine States. 

Article 12. All bills of credit emitted, moneys bor- 
rowed, and debts contracted by, or under the authority of 
Cungress, before the assembling of the United States, in 
pursuance of the present confederation, shall be deemed 
and considered as a charge against the United States — for 
payment and satisfaction whereof, the said United States 
and the public faith are hereby solemnly pledged. 

Article 13. Every State shall abide by the determina- 
tions of the United States in Congress assembled on all ques- 
tions which, by this confederation, are submitted to them. 
And the articles of this confederation shall be inviolably 
observed by every State, and the union shall be perpetual ; 
nor shall any alteration at any time hereafter be made in 
any of them, unless such alteration be agreed to in a Con- 
gress of the United States, and be afterward confirmed by 
the legislatures of every State. 

And Wliereas, It hath pleased the Great Governor of the 
3 



26 ARTICLES OF CONFEDERATION. 

World to incline the hearts of the legislatures we respect- 
ively represent in Congress, to approve of and to authorize 
us to ratify the said Articles of Confederation and perpet- 
ual union. Know Ye that we, the undersigned delegates, by 
virtue of the power and authority to us given for that pur- 
pose, do, by these presents, in the name and in behalf of 
our respective constituents, fully and entirely ratify and con- 
firm each and every of the said Articles of Confederation 
and perpetual Union, and all and singular the matters and 
things therein contained. And we do further solemnly 
plight and .engage the faith of our respective constituents, 
that they shall abide by the determinations of the United 
States in Congress assembled on all questions which, by the 
said confederation, are submitted to them. And that the 
articles thereof shall be inviolably observed by the States 
we respectively represent, and that the union shall be per- 
petual. In witness whereof we have hereunto set our 
hands in Congress. Done at Philadelphia, in the State of 
Pennsylvania, the 9th day of July, in the year of our Lord 
1778, and in the 3d year of the Independence of America. 



ORDINANCE OF 1787. 



IN CONGRESS, JULY 13, 1787. 

All Ordinance for the government of the territory of the Unitfld 
States, north-west of the river Ohio. 

Be it ordained, by the United States in Congress assem- 
bled, that the said Territory, for the purpose of temporary 
government, be one district ; subject, however, to be divided 
into two districts, as future circumstances may, in the 
opinion of Congress, make it expedient. 

Be it ordained, by the authority aforesaid, that the estates 
both of resident and non-resident proprietors in the said 
Territory, dying intestate, shall descend to, and be dis- 
tributed among their children, and the descendants of 
a deceased child in equal parts ; the descendants of a de- 
ceased child or grand-child, to take the share of their 
deceased parent, in equal parts, among them, and where 
there shall be no children or descendants, then in equal 
parts to the next of kin, in equal degree ; and among 
collaterals, the children of a deceased brother or sister of 
the intestate shall have, in equal parts, among them, their 
deceased parent's share ; and there shall in no case be a 
distinction between kindred of the whole and half blood ; 
saving in all cases to the widow of the intestate her third 
part of the real estate for life, and one-third part of the 
personal estate ; and this law relative to descents and dower 
shall remain in full force until altered by the Legislature 
of the district. And until the Governor and judges shall 
adopt laws as hereinafter mentioned, estates in the said ter- 
ritory may be devised or bequeathed by wills in writing, 
signed and sealed by him or her, in whom the estate may 
be (being of full age), and attested by three witnesses ; and 
real estates may be conveyed by lease or release, or bargain 
and sale, signed, sealed, and delivered by the person, being 

27 



28 ORDINANCE OF 1787. 

of full age, in whom the estate may, and attested by two 
witnesses, provided such wills be duly proved, and such 
conveyances be acknowledged, or the execution thereof 
duly proved, and be recorded within one year after proper 
magistrates, courts, and registers shall be appointed for 
that purpose, and personal property may be transferred by 
delivery, saving, however, to the French and Canadian in- 
habitants, and other settlers of the Kaskaskias, Saint Vin- 
cents, and the neighboring villages, who have heretofore 
professed themselves citizens of Virginia, their laws and 
customs now in force among them, relative to descent and 
conveyance of property. 

Be it ordained, by the authority aforesaid, that there 
shall be appointed, from time to time, by Congress, a Gov- 
ernor, whose commission shall continue in force for the 
terra of three years, unless sooner revoked by Congress; 
he shall reside in the district and have a freehold estate 
therein, in one thousand acres of land, while in the exer- 
cise of his office. There shall be appointed, from time to 
time, by Congress, a Secretary, whose commission shall con- 
tinue in force for four years, unless sooner revoked ; he 
shall reside therein, aud have a freehold estate therein, in 
five huudred acres of land, while in the exercise of his 
office; it shall be his duty to keep and preserve the acts 
and laws passed by the Legislature, and the public records 
of the district, and the proceedings of the Governor in his 
executive department, and transmit authentic copies of such 
acts and proceedings, every six months, to the Secretary 
of Congress. There shall also be appointed a court, to 
consist of three judges, any two of whom to form a court, 
who shall have a common law jurisdiction, and reside in the 
district, and have each therein a freehold estate in five 
huudred acres of land, while in the exercise of their offices ; 
and their commissions shall continue in force during good 
behavior. 

The Governor and judges, or a majority of them, shall 
adopt and publish in the district such laws of the original 
States, criminal and civil, as may be necessary, and best 
suited to the circumstances of the district, and report them 
to Congress, from time to time, which laws shall be in forco 



ORDINANCE OP 1787. 29 

in the district until the organization of the General As- 
sembly therein, unless disapproved by Congress; but after- 
ward, the Legislature shall have authority to alter them as 
they shall think fit. 

The Governor, for the time being, shall be commander- 
in-chief of the militia, appoint and commission all officers 
in the same, below the rank of general officers. All gen- 
eral officers shall be appointed and commissioned by Con- 
gress. 

Previous to the organization of the General Assembly, 
the Governor shall appoint such magistrates and other civil 
officers, in each county or township, as he shall find neces- 
sary for the preservation of the peace and good order in 
the same. After the General Assembly shall be organized, 
the powers and duties of magistrates and other civil officers 
shall be regulated and defined by the said Assembly; but 
all magistrates and other civil officers, not herein other- 
wise directed, shall, during the continuance of this tem- 
porary government, be appointed by the Governor. 

For the prevention of crimes and injuries, the laws to 
be adopted or made, shall have force in all parts of the 
district, and for the execution of process, criminal and civil, 
the Governor shall make proper divisions thereof; and shall 
proceed, from time to time, as circumstances may require, 
to lay out the parts of the district in which the Iudian 
titles shall have been extinguished, into counties and town- 
ships, subject, however, to such alterations as may here- 
after be made by the Legislature. 

So soon as there shall be five thousand free male inhab- 
itants, of full age, in the district, upou giving proof thereof 
to the Governor, they shall receive authority, with time and 
place, to elect representatives from their counties or town- 
ships, to represent them in the General Assembly; Pro- 
moted, That for every five hundred free male inhabitants 
there shall be one representative, and so on progressively 
with the number of free male inhabitants, shall the right 
of representation increase, until the number of representa- 
tives shall amount to twenty-five, after which the number 
and proportion of representatives shall be regulated by the 
Legislature ; Provided, That no person be eligible or qual- 



30 ORDINANCE OP 17S7. 

ilied to act as a representative, unless he shall have been a 
citizen of one of the United States three years ami be a resi- 
dent in the district, or unless he shall have resided in the 
district three years, and in either ease shall likewise hold 
in his own right, in tee simple, two hundred aeres of land 
within the same; Provided, also, that a freehold in fifty 
acres of land in the district, having been a citizen of ono 
of the States, and being resident in the district, or the like 
freehold and two years' residence in the district, shall bo 
accessary to qualify a man as an elector of a representative. 

The representative thus elected, shall serve for the term 
rf two years, and in ease o\' the death o\' a representative, 
or removal from office, the Governor shall issue a writ to 
the oounty or township for whioh he was a member, to 
eleet another in his stead, to serve for the residue of the 
term. 

The General Assembly, or Legislature, shall consist of 
the Governor, Legislative Council, and a House of Repre- 
sentatives. The Legislative Council shall consist of five 
members, to continue in office five years, unless soouer re- 
moved by Congress, any three o{" whom to be a quorum, 
and the members of the Council, shall be nominated and 
appointed in the following manner, to wit: as soon as rep- 
resentatives shall be elected, the Governor shall appoint a. 
time and place for them to meet together, and. when met, 
they shall nominate ten persons, residents in the district, 
and each possessed o{' a freehold in five hundred aeres of 
land, and return their names to Congress, five of whom 
Congress shall appoint and commission to serve as afore- 
said ; and whenever a vacancy shall happen in the Council, 
by death or removal from office, the House o\' Representa- 
tives shall nominate two persons qualified as aforesaid, for 
each vacancy, and return their names to Congress, oue of 
whom Congress shall appoint and commissiou for the res- 
idue of the term ; and every five years, four months at least 
before the expiration of the time of service of the Council, 
the said House shall nominate ten persons qualified as 
aforesaid, and return their names to Congress, five of whom 
Congress shall appoint and commission to serve as mem- 
bers of the Council five years, unless soouer removed. And 



ORDINANCE OP 1787. 31 

the Governor, Legislative Council, and House of Repre- 
sentatives, shall have authority to make laws in all cases 
for the- good government of the district, not repugnant to 
the principles and articles in this ordinance established and 
declared. And all bills having passed by a majority in the 
House, and by a majority in the Council, shall be referred 
to the Governor for his assent ; but no bill or legislative 
act whatever, shall be of any force without his assent. The 
Governor shall have power to convene, prorogue, and dis- 
solve the assembly, when in his opinion it shall be expe- 
dient. 

The Governor, Judges, Legislative Council, Secretary, 
and such other officers as Congress shall appoint in the 
district, shall take an oath or affirmation of fidelity, and 
of office — the Governor before the President of Congress, 
and all other officers before the Governor. As soon as a 
Legislature shall be formed in the District, the Council 
and House, assembled in one room, shall have authority, 
by joint ballot, to elect a delegate to Congress, who shall 
have a seat in Congress, with the right of debating, but 
not of voting, during this temporary government. 

And for extending the fundamental principles of civil 
and religious liberty, which form the basis whereon these 
republics, their laws and constitutions, are elected; to fix 
and establish those principles as the basis of all laws, con- 
stitutions, and governments, which forever hereafter shall 
be formed in the said Territory; to provide also for the es- 
tablishment of States, and for their admission to a share 
in the Federal Council on an equal footing with the orig- 
inal States, at as early periods as may be consistent with 
the general interest: 

It is hereby ordained and declared, by the authority afore- 
said, that the following articles shall be considered as arti- 
cles of compact between the original States and the people 
and States in the said Territory, and forever remain unal- 
terable, unless by common consent; viz.: 

Article I. No person, demeaning himself in a peace- 
able and orderly manner, shall ever be molested on account 
of his mode of worship or religious sentiments in the said 
Territory. 



32 ORDINANCE OP 1787. 

Art. II. The inhabitants of the said Territory shall 
always be entitled to the benefit of the writ of habeas 
corpus and of the trial by jury; of a proportionate rep- 
resentation of the people in the Legislature, and of judi- 
cial proceedings according to the course of the commou 
law ; all persons shall be bailable unless for capital of- 
fenses, where the proof shall be evident, or the presump- 
tion great; all fines shall be moderate, and no cruel or 
unusual punishments shall be inflicted ; no man shall be 
deprived of his liberty or property but by the judgment 
of his peers or the law of the land ; and should the pub- 
lic exigencies make it necessary for the common preserva- 
tion to take any person's property, or to demand his par- 
ticular services, full compensation shall be made for the 
same; and, in the just preservation of rights and property, 
it is understood and declared, that no law ought ever to 
be made, or have force in the said territory, that shall, in 
any manner whatever, interfere with or affect private con- 
tracts or engagements, bona Jide, and, without fraud, pre- 
viously formed. 

Art. III. Religion, morality, and knowledge being 
necessary to good government and the happiness of man- 
kind, schools and the means of education shall forever 
be encouraged. The utmost good faith shall always be 
observed toward the Indians ; their lands and property 
shall never be taken from them without their consent; 
and in their property, rights, and liberty, they never shall 
be invaded or disturbed, unless in just and lawful wars 
authorized by Congress ; but laws founded in justice and 
humanity shall, from time to time, be made, for prevent- 
ing wrongs being done to them, and for preserving peace 
and friendship with them. 

Art. IV. The said Territory, and the States which 
may be formed therein, shall forever remain a part of this 
Confederacy of the United States of America, subject to 
the Articles of Confederation,* and to such alterations 
therein as shall be constitutionally made ; and to all the 
acts and ordinances of the United States in Congress aa- 

* This ordinance was drawn up before the Constitution was formed 



ORDINANCE OP 1787. 33 

Bembled, conformable thereto. The inhabitants and set- 
tlers in the said Territory shall be subject to pay a part 
of the Federal debts contracted, or to be contracted, and 
a proportional part of the expenses of government, to be 
apportioned on them by Congress, according to the same 
common rule and measure by which apportionments thereof 
shall be made on the other States ; and the taxes for pay- 
ing their proportion shall be laid and levied by the au- 
thority and direction of the Legislatures of the District, 
or Districts, or new States, as iu the original States, within 
the time agreed upon by the United States in Congress 
assembled. The Legislatures of those Districts, or new 
States, shall never interfere with the primary disposal of 
the soil by the United States in Congress assembled, nor 
with any regulations Congress may find necessary for se- 
curing the title in such soil to the bona fide purchasers. 
No tax shall be imposed on lands the property of the 
United States ; and in no case shall non-resident proprie- 
tors be taxed higher than residents. The navigable wa- 
ters leading into the Mississippi and St. Lawrence, and 
the carrying places between the same, shall be common 
highways, and forever free, as well to the inhabitants of 
the said Territory as to the citizens of the United States, 
and those of any other States that may be admitted into 
the confederacy, without any tax, impost, or duty there- 
for. 

Art. V. There shall be formed in the said Territory 
not less than three, nor more than five States; and the 
boundaries of the States, as soon as Virginia shall alter 
her act of session and consent to the same, shall become 
fixed and established as follows, to wit : The western State 
shall be bounded by the Mississippi, the Ohio, and Wa- 
bash Rivers; a direct line drawn from the Wabash and 
Post Vincents due north to the territorial line between 
the United States and Canada, and by the said territorial 
line to the Lake of the Woods and Mississippi. The 
middle State shall be bounded by the said direct line, the 
Wabash from Post Vincents to the Ohio, by the Ohio, by 
direct line drawn due north from the mouth of the Great 
Miami to the said territorial line, and by said territorial 



34 ORDINANCE OP 1787. 

line. The eastern State shall be bounded by the last men- 
tioned direct line, the Ohio, Pennsylvania, and the said 
territorial line; Provided, however, and it is further un- 
derstood and declared, that the boundaries of these three 
States shall be subject so far to be altered, and, if Con- 
gress shall hereafter find it expedient, they shall have 
authority to form one or two States in that part of the 
said Territory which lies north of an east and west line 
drawn through the southerly bend or extreme of Lake 
Michigan; and whenever any of the said States shall have 
sixty thousand free inhabitants therein, such States shall 
be admitted, by their delegates, into the Congress of the 
United States, on an equal footing with the original States 
in all respects whatsoever; and shall be at liberty to form 
a permanent constitution and State government; Provided, 
the constitution and government so to be formed shall bo 
republican, and in conformity to the principles contained 
in these articles; and, so far as it can be consistent with 
the general interest of the confederacy, such admission 
shall be allowed at an earlier period, and when there may 
be a less number of free inhabitants in the State than sixty 
thousand. 

Art VI. There shall be neither slavery nor involun- 
tary servitude in the said Territory, otherwise than in the 
punishment of crimes whereof the party shall have been 
duly convicted; Provided, always, that any person escap- 
ing into the same, from whom labor or service is lawfully 
claimed in any of the original States, such fugitive may be 
lawfully reclaimed and conveyed to the person claiming his 
or her labor or service as aforesaid. 

Be it ordained, by the authority aforesaid, that the res- 
olutions of the 23d of April, 1784, relative to the subject 
of this ordinance, be, and the same are hereby repealed, 
and declared null and void. 

Note. — By this ordinance, Virginia ceded to tlie United States the 
territory now composing the States of Ohio, Indiana, Illinois, Wis- 
consin, and Michigan, making the ordinance the fundamental law 
of these Stale* 



CONSTITUTION 

OP THE 

UNITED STATES OF AMERICA 



We, the People of the United States, in order to form a 
more perfect Union, establish justice, insure domestic 
tranquillity, provide for the common defense, promote 
the general welfare, and secure the blessings of liberty 
to ourselves and our posterity, do ordain and establish 
this Constitution for the United States of America : 

ARTICLE I. 

Section 1. All the legislative powers herein granted 
shall be vested in a Congress of the United States, wbich 
shall consist of a Senate and House of Representatives. 

Sec. 2. The House of Representatives shall be com- 
posed of members chosen every second year by the people 
of the several States ; and the electors in each State shall 
have the qualifications requisite for electors of the most 
numerous branch of the State Legislature. 

No person shall be a Representative who shall not have 
attained to the age of twesty-five years, and been seven 
years a citizen of the United States, and who shall not, 
when elected, be an inhabitant of that State in which he 
shall be chosen. 

Representatives and direct taxes shall be apportioned 
among the several States which may be included within 
this Union, according to their respective numbers, which 
shall be determined by adding to the whole number of 
free persons, including those bound to service for a term 
of years, and excluding Indians not taxed, three-fifths of 
all other persons. The actual enumeration shall be made 

35 



36 THE CONSTITUTION. 

within three years after the first meeting of the Congress 
of the United States, and within every subsequent term oi 
ten years, in such manner as they shall by law direct. The 
number of Representatives shall not exceed one for every 
thirty thousand, but each State shall have at least one Rep- 
resentative; and until such enumeration shall be made, the 
State of New Hampshire shall be entitled to choose three, 
Massachusetts eight, Rhode Island and Providence Planta- 
tions one, Connecticut five, New York six, New Jersey four, 
Pennsylvania eight, Delaware one, Maryland six, Virginia 
ten, North Carolina five, South Carolina five, and Georgia 
three. 

When vacancies happen in the representation from any 
State, the Executive authority thereof shall issue Writs of 
Election to fill such vacancies. 

The House of Representatives shall choose their Speaker 
and other officers; and shall have the sole power of im- 
peachment. 

Sec. 3. The Senate of the United States shall be com- 
posed of two Senators from each State, chosen by the Leg- 
islature thereof, for six years; and each Senator shall have 
one vote. 

Immediately after they shall be assembled in consequence 
of the first election, they shall be divided as equally as may 
be into three classes. The seats of the Senators of the first 
class shall be vacated at the expiration of the second year, 
of the second class at the expiration of the fourth year, 
and of the third class at the expiration of the sixth year, 
so that one-third may be chosen every second year ; and 
if vacancies happen by resignation, or otherwise, during the 
recess of the Legislature of any'State, the Executive thereof 
may make temporary appointments until the next meeting 
of the Legislature, which shall then fill such vacancies. 

No person shall be a Senator who shall not have attained 
to the age of thirty years, and been nine years a citizen of 
the United States, and who shall not, when elected, be an 
inhabitant of that State for which he shall be chosen. 

The Vice-President of the United States shall be Presi- 
dent of the Senate, but shall have no vote, unless they be 
equally divided. 



THE CONSTITUTION. 37 

The Senate shall choose their other officers, and also a 
President pro tempore, in the absence of the Vice-Presi- 
dent, or when he shall exercise the office of President of 
the United States. 

The Senate shall have the sole power to try all impeach- 
ments. When sitting for that purpose, they shall be on 
oath or affirmation. When the President of the United 
States is tried, the Chief Justice shall preside ; and no per- 
son shall be convicted without the concurrence of two- 
thirds of the members present. 

Judgment in cases of impeachment shall not extend fur- 
ther than to removal from office, and disqualification to hold 
and enjoy any office of honor, trust or profit under the 
United States; but the party convicted shall nevertheless 
be liable and subject to indictment, trial, judgment and 
punishment, according to law. 

Sec. 4. The times, places, and manner of holding elec- 
tions for Senators and Representatives, shall be prescribed 
in each State by the Legislature thereof; but the Congress 
may, at any time, by law make or alter such regulations, ex- 
cept as the places of choosing Senators. 

The Congress shall assemble at least once in every year, 
and such meeting shall be on the first Monday in Decem- 
ber, unless they shall by law appoint a different day. 

Sec. 5. Each House shall be the judge of the elections, 
returns, and qualifications of its own members, and a ma- 
jority of each shall constitute a quorum to do business; 
but a smaller number may adjourn from day to day, and 
maybe authorized to compel the attendance of absent mem- 
bers, in such manner and under such penalties as each 
House may provide. 

Each House may determine the Rules of its Proceedings, 
punish its members for disorderly behavior, and with the 
concurrence of two-thirds, expel a member. 

Each House shall keep a Journal of its Proceedings, and 
from time to time publish the same, excepting such parts 
as may, in their judgment, require secrecy ; and the yeas 
and nays of the members of either House on any question 
shall, at the desire of one-fifth of those present, be entered 
on the journal. 



38 THE CONSTITUTION. 

Neither House, during the session of Congress, shall, 
without the consent of the other, adjourn for more than 
three days, nor to any other place than that in which the 
two Houses shall be sitting. 

Sec. 6. The Senators and Representatives shall receive 
a compensation for their services, to be ascertained by law 
and paid out of the treasury of the United States. They 
shall in all cases, except treason, felony, and breach of the 
peace, be privileged from arrest during their attendance at 
the session of their respective Houses, and in going to and 
returning from the same; and for any speech or debate 
in either House, they shall not be questioned in any other 
place. 

No Senator or Representative shall, during the time for 
which he was elected, be appointed to any civil office under 
the authority of the United States, which shall have been 
created, or the emoluments whereof shall have been in- 
creased during such time, and no person holding any office 
under the United States shall be a member of either House 
during his continuance in office. 

Sec. 7. All bills for raising revenue shall originate in 
the House of Representatives ; but the Senate may propose 
or concur with amendments as on other bills. 

Every bill which shall have passed the House of Repre- 
sentatives and the Senate, shall, before it becomes a law, be 
presented to the President of the United States : If he ap- 
prove, he shall sign it ; but if not, he shall return it, with 
his objections, to that House in which it shall have orig- 
inated, who shall enter the objections at large on their 
Journal, and proceed to reconsider it. If, after such re- 
consideration, two-thirds of that House shall agree to pass 
the bill, it shall be sent, together with the objections, to the 
other House, by which it shall likewise be reconsidered, 
and if approved by two-thirds of that House, it shall be- 
come a law. Rut in all such cases the votes of both Houses 
shall be determined by yeas and nays, and the names of the 
persons voting for and against the bill shall be entered on 
the Journal of each House respectively. If any bill shall 
not be returned by the President within ten days (Sundays 
excepted) after it shall have been presented to him, the 



THE CONSTITUTION. 39 

same shall be a law, in like manner as if he had signed it, 
unless the Congress, by their adjournment, prevent its re- 
turn, in which case it shall not be a law. 

Every order, resolution, or vote to which the concurrence 
of the Senate and House of llepresentatives may be neces- 
sary (except on a question of adjournment) shall be pre- 
sented to the President of the United States ; and before 
the same shall take effect, shall be approved by him ; or, 
being disapproved by him, shall be repassed by two-thirds 
of the Senate and House of Representatives, according to 
the rules and limitations prescribed in the case of a bill. 

Sec. 8. The Congress shall have Power — 

To lay and collect Taxes, Duties, Imposts and Excises, to 
pay the debts and provide for the common defense and gen- 
eral welfare of the United States ; but all Duties, Im- 
posts and Excises shall be uniform throughout the United 
States ; 

To borrow money on the credit of the United States ; 

To regulate commerce with foreign nations, and among 
the several States, and with the Indian tribes ; 

To establish an uniform rule of naturalization, and uni- 
form laws on the subject of bankruptcies throughout the 
United States ; 

To coin money, regulate the value thereof and of foreign 
coin, and fix the standard of weights and measures; 

To provide for the punishxneut of counterfeiting the secu- 
rities and current coin of the United States ; 

To establish post-offices and post-roads; 

To promote the progress of science and useful arts, by 
securing for limited times to authors and inventors the ex- 
clusive right to their respective writings and discoveries ; 

To constitute tribunals inferior to the Supreme Court ; 

To define and punish piracies and felonies committed on 
the high seas, and offenses against the law of nations; 

To declare war, grant letters of marque and reprisal, and 
make rules concerning captures on land and water; 

To raise and support armies, but no appropriation of 
money to that use shall be for a longer term than two 
years ; 

To provide and maintain a navy; 



40 THE CONSTITUTION. 

To make rules for the government and regulation of the 
land and naval forces ; 

To provide for calling forth the militia to execute the 
laws of the Union, suppress insurrections, and repel inva- 
sions ; 

To provide for organizing, arming, and disciplining the 
militia, and for governing such part of them as may be em 
ployed in the service of the United States, reserving to the 
States respectively the appointment of the officers, and the 
authority of training the militia according to the discipline 
prescribed by Congress; 

To exercise exclusive legislation, in all cases whatsoever, 
over such district (not exceeding ten miles square) as may, by 
cession of particular States, and the acceptance of Congress, 
become the Seat of the Government of the United States, 
and to exercise like authority over all places purchased by 
the consent of the Legislature of the State in which the 
same shall be, for the erection of forts, magazines, arsenals, 
dock-yards, and other needful buildings; and 

To make all laws which shall be necessary and proper for 
carrying into execution the foregoing powers, and all other 
powers vested by this Constitution in the Government of 
the United States, or in any department or officer thereof. 

Sec. 9. The migration or importation of such persons 
as any of the States now existing shall think proper to 
admit, shall not be prohibited by the Congress prior to the 
year one thousand eight hundred and eight, but a tax or 
duty may be imposed on such importation, not exceeding 
ten dollars for each person. 

The privilege of the Writ of Habeas Corpus shall not 
be suspended, unless when, in cases of rebellion or invasion, 
the public safety may require it. 

No bill of attainder or ex post facto law shall be passed. 

No capitation, or other direct tax shall be laid, unless 
in proportion to the census or enumeration hereinbefore 
directed to be taken. 

No tax or duty shall be laid on articles exported from 
any State. 

No preference shall be given by any regulation of com- 
merco or revenue to the ports of one State over those of 



THE CONSTITUTION. 41 

another ; nor shall vessels bound to or from one State, be 
obliged to enter, clear, or pay duties in another. 

No money shall be drawn from the treasury but in con- 
sequence of appropriations made by law; and a regular 
statement and account of the receipts aud expenditures of 
all public money shall be published from time to time. 

No title of nobility shall be granted by the United States : 
And no person holding any office of profit or trust under 
them shall, without the consent of the Congress, accept of 
any present, emolument, office, or title, of any kind what- 
ever, from any king, prince, or foreign State. 

Sec. 10. No State shall enter into any treaty, alliance, 
or confederation ; grant letters of marque or reprisal ; coin 
money; emit bills of credit; make any thing but gold and 
silver coin a tender in payment of debts ; pass any bill of 
attainder, ex post facto law, or law impairing the obliga- 
tion of contracts, or grant any title of nobility. 

No State shall, without the consent of the Congress, lay 
any imposts or duties on imports or exports, except what 
may be absolutely necessary for executing its inspection 
laws; and the net produce of all duties and imposts, laid 
by any State on imports or exports, shall be for the use 
of the treasury of the United States ; and all such laws 
shall be subject to the revision and control of the Con- 
gress. 

No State shall, without the consent of Congress, lay any 
duty of tonnage, keep troops, or ships of war in time of 
peace, enter into any agreement or compact with another 
State, or with a foreign power, or engage in war, unless 
actually invaded, or iu such imminent danger as will not 
admit of delay. 

ARTICLE II. 

Section 1. The Executive Power shall be vested in a 
President of the United States of America. He shall hold 
his office during the term of four years, and, together with 
the Vice-President, chosen for the same term, be elected as 
follows: 

Each State shall appoint, in such manner as the Legis- 
lature thereof may direct, a number of electors equal to 
4 



42 THE CONSTITUTION. 

the number of Senators and Representatives to which the 
State may be entitled in the Congress ; but no Senator or 
Representative, or person holding an office of trust or profit 
under the United States, shall be appointed an elector. 

[The electors shall meet in their respective States, and 
vote by ballot for two persons — of one at least shall not 
be an inhabitant of the same State with themselves. And 
they shall make a list of all the persons voted for, and of 
the number of votes for each ; which list they shall sigu 
and certify, and transmit, sealed, to the seat of the Gov- 
ernment of the United States, directed to the President of 
the Senate. The President of the Senate shall, in the pres- 
ence of the Senate and House of Representatives, open all 
the certificates, and the votes shall then be counted. The 
person having the greatest number of votes shall be the 
President, if such number be a majority of the whole num- 
ber of electors appointed; and if there be more than one 
who have such majority, and have an equal number of 
votes, then the House of Representatives shall immedi- 
ately choose by ballot one of them for President; and if 
no person have a majority, then from the five highest on 
the list the said House shall, in like manner, choose the 
President. But, in choosing the President, the votes shall 
be taken by States, the representation from each State hav- 
ing one vote. A quorum for this purpose shall consist of 
a member or members from two-thirds of the States, and 
a majority of all the States shall be necessary to a choice. 
In every case, after the choice of the President, the per- 
son having the greatest number of votes of the electors 
shall be the Vice-President. But if there should remain 
two or more who have equal votes, the Senate shall choose 
from them by ballot the Vice-President.*] 

The Congress may determine the time of choosing the 
electors, and the day on which they shall give their votes ; 
which day shall be the same throughout the United States. 

No person, except a natural born citizen, or a citizen of 
the United States at the time of the adoption of this Con- 
stitution, shall be eligible to the office of President ; nei- 

* This clause has been repealed and annuled by the 12th amendment. 



THE CONSTITUTION. 43 

ther shall any person be eligible to that office who shall 
not have attained to the age of thirty-five years, and been 
fourteen years a resident within the United States. 

In case of the removal of the President from office, or 
of h,is death, resignation, or inability to discharge the pow- 
ers and duties of the said office, the same shali devolve on 
the Vice-President ; aud the Congress may by law provide 
for the case of removal, death, resignation, or inability, both 
of the President and Vice-President, declaring what officer 
shall then act as President ; and such officer shall act ac- 
cordingly until the disability be removed, or a President 
shall be elected. 

The President shall, at stated times, receive for his serv- 
ices a compensation, which shall neither be increased nor 
diminished during the period for which he shall have been 
elected ; and he shall not receive within that period any 
other emolument from the United States, or any of them. 

Before he enter on the execution of his office, he shall 
take the following oath or affirmation : 

"I do solemnly swear (or affirm) that I will faithfully execute 
the office of President of the United States, and will, to the best of 
my ability, preserve, protect, and defend the Constitution of the 
United States." 

Sec. 2. The President shall be Commander-in-Chief 
of the Army and Navy of the Uuited States, and of the 
militia of the several States when called into the actual 
service of the United States; he may require the opinion, 
in writing, of the principal officer.;iu each of the Execu- 
tive Departments, upon any subject relating to the duties 
of their respective offices ; and he shall have power to grant 
reprieves and pardons for offenses against the United States, 
except in cases of impeachment. 

He shall have power, by and with the advice and con- 
sent of the Senate, to make treaties, provided two-thirds 
of the Senate present concur; and he shall nominate, and 
by and with the advice and consent of the Senate, shall 
appoint Embassadors, other public Ministers and Consuls, 
Judges of the Supreme Court, and all other officers of the 
United States whose appointments are not herein otherwise 



44 TOE CONSTITUTION. 

provided for, and which shall be established by law ; but 
the Congress may by law vest the appointment of such in- 
ferior officers as they think proper in the President alone, 
in the Courts of Law, or in the Heads of Departments. 

The President shall have power to fill up all vacancies 
that may happen during the recess of the Senate, by grant- 
ing commissions, which shall expire at the end of their next 
session. 

Sec. 3. He shall, from time to time, give to the Congress 
information of the state of the Union, and recommend to 
their consideration such measures as he shall judge neces- 
sary and expedient ; he may, on extraordinary occasions, 
convene both Houses, or either of them ; and, in case of 
disagreement between them with respect to the time of 
adjournment, he may adjourn them to such time as he 
shall think proper ; he shall receive Embassadors and 
other public Ministers ; he shall take care that the laws 
be faithfully executed, and shall commission all the offi- 
cers of the United States. 

Sec. 4. The President, Vice-President, and all Civil 
Officers of the United States, shall be removed from office 
on impeachment for, and conviction of, Treason, Bribery, 
or other high Crimes and Misdemeanors. 

ARTICLE III. 

Section 1. The judicial power of the United States 
shall be vested in one Supreme Court, and in such infe- 
rior Courts as the Congress may from time to time ordain 
and establish. The Judges, both of the Supreme and in- 
ferior courts, shall hold their offices during good behavior, 
and shall, at stated times, receive for their services a com- 
pensation, which shall not be diminished during their con- 
tinuance in office. 

Sec. 2. The judicial power shall extend to all cases, in 
Law and Equity, arising under this Constitution, the Laws 
of the United States, and Treaties made, or which shall be 
made, under their authority; to all cases affecting Embas- 
sadors, other public Ministers, and Consuls ; to all cases 
of admiralty and maritime jurisdiction ; to controversies to 
which the United States shall be a party ; to controversies 



THE CONSTITUTION. . 45 

between two or more States ; between a State and citizens 
of another State; between citizens of different States; be- 
tween citizens of the same State claiming lands under grants 
of different States; and between a State, or the citizons 
thereof, and foreign States, citizens, or subjects. 

In all cases affecting Embassadors, other public Minis- 
ters and Consuls, and those in which a State shall be a 
party, the Supreme Court shall have original jurisdiction. 
In all the other cases before mentioned, the Supreme Court 
shall have appellate jurisdiction, both as to law and fact, 
with such exceptions and under such regulations as the 
Congress shall make. 

The trial of all crimes, except in cases of Impeachment, 
shall be by jury; and such trial shall be held in the State 
where the said crimes shall have been committed ; but when 
not committed within any State, the trial shall be at such 
place or places as the Congress may by law have directed. 

Sec. 3. Treason against the United States shall consist 
only in levying war against them, or adhering to their en- 
emies, giving them aid and comfort. No person shall be 
convicted of treason unless on the testimony of two wit- 
nesses to the same overt act, or on confession in open 
Court. 

The Congress shall have power to declare the puuish- 
ment of treason, but no Attainder of Treason shall work 
corruption of blood, or forfeiture, except during the life 
of the person attainted. 

ARTICLE IV. 

Section 1. Full faith and credit shall be given in each 
State to the public acts, records, and judicial proceedings 
of every other State. And the Congress may by general 
laws prescribe the manner iu which such acts, records, and 
proceedings shall be proved, and the effect thereof. 

Sec. 2. The citizens of each State shall be entitled to 
all privileges and immunities of citizens in the several 
States. 

A person charged in any State with treason, felony, or 
other crime, who shall flee from justice, and be found in 
another State, shall, on demand of the executive authority 



46 • THE CONSTITUTION. 

of the State from which he fled, be delivered up, to be 
removed to the State having jurisdiction of the crime. 

No person held to service or labor in one State, under 
the laws thereof, escaping into another, shall, in conse- 
quence of any law or regulation therein, be discharged 
from such service or labor, but shall be delivered up on 
claim of the party to whom such service or labor may be 
due. 

Sec. 3. New States may be admitted by the Congress 
into this Union ; but no new State shall be formed or 
erected within the jurisdiction of any other State ; nor 
any State be formed by the junction of two or more States 
or parts of States without the consent of the Legislatures 
of the States concerned, as well as of the Congress. 

The Congress shall have power to dispose of and make all 
needful rules and regulations respecting the territory or other 
property belonging to the United States ; and nothing in 
this Constitution shall be so construed as to prejudice any 
claims of the United States, or any particular State. 

Sec. 4. The United States shall guarantee to every 
State in this Union a republican form of Government, and 
shall protect each of them against invasion; and on applica- 
tion of the Legislature, or of the Executive (when the Leg- 
islature can not be convened), against domestic violence. 

ARTICLE V. 

The Congress, whenever two-thirds of both Houses shall 
deem it necessary, shall propose amendments to the Consti- 
tution, or, on the application of the Legislatures of two- 
thirds of the several States, shall call a convention for pro- 
posing amendments, which, in either case, shall be valid to 
all intents and purposes, as part of this Constitution, when 
ratified by the Legislatures of three-fourths of the several 
States, or by conventions in three-fourths thereof, as the one 
or the other mode of ratification may be proposed by the 
Congress ; Provided, that no amendment which may be made 
prior to the year one thousand eight hundred and eight shall 
in any manner affect the first and fourth clauses in the ninth 
section of the first article ; and that no State, without its 
consent, shall be deprived of its equal suffrage in the Senate- 



THE CONSTITUTION. 47 



ARTICLE VI. 



All debts contracted and engagements entered into before 
the adoption of this Constitution, shall be as valid against 
the United States, under this Constitution, as under the 
Confederation. 

This Constitution and the laws of the United States which 
shall be made in pursuance thereof, and all Treaties made, 
or which shall be made, under the authority of the United 
States, shall be the supreme law of the land ; and the Judges 
in every State shall be bound thereby, any thing in the 
Constitution or laws of any State to the contrary notwith- 
standing. 

The Senators and Representatives before mentioned, and 
the members of the several State Legislatures, and all ex- 
ecutive and judicial officers, both of the United States and 
of the several States, shall be bound by oath or affirmation 
to support this Constitution ; but no religious test shall ever 
be recpuired as a qualification to any office or public trust 
under the United States. 

ARTICLE VII. 

The ratification of the conventions of nine States shall 
be sufficient for the establishment of this Constitution be- 
tween the States so ratifying the same. 

Done in convention, by the unanimous consent of the 
States present, the seventeenth day of September, in the 
year of our Lord one thousand seven hundred and eighty- 
seven, and of the Independence of the United States of 
America the twelfth. In Witness whereof, we have here- 
unto subscribed our names. 

GEO. WASHINGTON, 
Pres't and Deputy from Virginia. 

New Hampshire. 
John Langdon, Nicholas Gilman 

Massachusetts. 
Nathaniel Gorham, Kufus King. 

Connecticut. 
Wsi. Saml. Johnson, Roqer Shermajt. 



48 



THE CONSTITUTION. 



New York. 



Alexander Hamilton. 



Wil. Livingston,' 
Wm. Paterson, 



B. Franklin, 
Robt. Morris, 
Tuo. Fitzsimons, 
James Wilson, 



Geo. Read, 
John Dickinson, 
Jaco. Broom, 



James M' Henry, 
Danl. Carroll, 



John Blair, 



Wm. Blount, 
Ho. Williamson, 



J. Rutledge, 
Charles Pixckney, 



William Few, 
Attest: 



New Jersey. 



David Brearley, 
Jona. Dayton. 



Pennsylvania. 



Thomas Mifflin, 
Geo. Clymer, 
Jared Ingersoll, 
Gouv. Morris. 



Delaware. 



Gunning Bedford, Juk'r, 
Richard BAssett. 



Maryland. 

Dan. of St. Thos. Jenifer. 

Virginia. 

James Madison, Jr. 
North Carolina. 

Kicii'd Dobbs Spaight. 

South Corolina. 

Charles Cotesworth Fincknei 
Pierce Butler. 

Georgia. 

Abr. Baldwin. 

WILLIAM JACKSON, Secretary. 



THE CONSTITUTION. 49 



ARTICLES, 

In addition to, and amendment of, the Constitution of the United 
States of America, proposed by Congress, and ratified by the Legis- 
la Wires of the several States, pursuant to the fifth article of the orig- 
inal Constitution. 

ARTICLE I. 

Congress shall make no law respecting an establishment 

of religion, or prohibiting the free exercise thereof; or 

abridging the freedom of speech or of the press ; or the 

right of the people peaceably to assemble, and to petition 

the Government for a redress of grievances. 

ARTICLE II. 

A well-regulated Militia being necessary to the security 
of a free State, the right of the people to keep and bear 
arms shall not be infringed. 

ARTICLE III. 

No soldier shall, in time of peace, be quartered in any 
house, without the consent of the owner, nor in time of 
war, but in a manner to be prescribed by law. 

ARTICLE IV. 

The right of the people to be secure in their persons, 
houses, papers, and effects, against unreasonable searches 
and seizures, shall not be violated, and no warrant shall 
issue but upon probable cause, supported by oath or affirm- 
ation, and particularly describing the place to be searched, 
and the persona or things to be seized. 

ARTICLE V. 

No person shall be held to answer for a capital, or other- 
wise infamous crime, unless on a presentment or indictment 
of a Grand Jury, except in cases arising in the land or 
naval forces, or in the militia, when in actual service in 
time of war or public danger ; nor shall any person be sub- 
ject for the same offense to be twice put in jeopardy of life 
or limb; nor shall be compelled in any criminal case to be 
5 



50 THE CONSTITUTION. 

a witness against himself, nor be deprived of life, liberty, 
or property, without due process of law ; nor shall private 
property be taken for public use without just compensation. 

ARTICLE VI. 

In all criminal prosecutions, the accused shall enjoy the 
right to a speedy and public trial, by an impartial jury of 
the State and district wherein the crime shall have been 
committed, which district shall have been previously ascer- 
tained by law and to be informed of the nature Mud cause 
of the accusation to be confronted with the witnesses 
against him; to have compulsory process for obtaining wit- 
nesses in his favor, and to have the assistance of counsel 
for his defense. 4 

ARTICLE VII. 

In suits at common law, where the value in controversy 
shall exceed twenty dollars, the right of trial by jury shall 
be preserved, and no fact tried by a jury shall be other- 
wise reexamined in any Court of the United States, than 
according to the rules of the common law. 

ARTICLE VIII. 

Excessive bail shall not be required, nor excessive fines 
imposed, nor cruel and unusual punishments inflicted. 

ARTICLE IX. 

The enumeration in the Constitution of certain rights, 
shall not be construed to deny or disparage others retained 
by the people. 

ARTICLE X. 

The powers not delegated to the United States by the 
Constitution, nor prohibited by it to the States, are re- 
served to the States respectively, or to the people. 

ARTICLE XI. 

The judicial power of the United States shall not be con- 
strued to extend to any suit in law or equity, commeuced 
or prosecuted against one of the United States by citizens 



THE CONSTITUTION. 51 

of another State, or by citizens or subjects of any foreign 
State. 

ARTICLE XII. 

Tbe Electors shall meet in their respective States, and 
vote by ballot for President and Vice-President, one of 
■whom, at least, shall not be an inhabitant of the same State 
with tbemselves ; they shall name in their ballot tbe person 
voted for as President, and in distinct ballots the person 
voted for as Vice-President, and tbey shall make distinct 
lists of all persons voted for as President, and all persons 
voted for as Vice-President, and of the number of votes 
for each, which lists they shall sign and certify, and trans- 
mit sealed to the seat of government of the United States, 
directed to the President of the Senate : — The President of 
the Senate shall, in presence of the Senate and House of 
Representatives, open all the certificates, and the votes shall 
then be counted; The person having the greatest number 
of votes for President shall be the President, if such num- 
ber be a majority of the whole number of Electors ap- 
pointed; and if no person have such majority, then from 
the persons having the highest numbers, not exceeding 
three, on the list of those voted for as President, the House 
of Representatives shall choose immediately by ballot the 
President. But in choosing the President, the votes shall 
be taken by States, the representation from each State hav- 
ing one ; a quorum for this shall consist of a member or 
members from two-thirds of the States, and a majority of 
all the States shall be necessary to a choice. And if the 
House of Representatives shall not choose a President, 
whenever the right of choice shall devolve upon them, be- 
fore the fourth day of March next following, then the Vice- 
President shall act as President, as in the case of the death 
or other constitutional disability of the President. The 
person having the greatest number of votes as Vice-Pres- 
ident, shall be the Vice-President, if such number be a 
majority of the whole number of electors appointed; and 
if no person have a majority, then, from the two highest 
numbers on the list, the Senate shall choose the Vice-Pres- 
ident ; a quorum for the purpose shall consist of two-thirds 



52 THE CONSTITUTION. 

of the whole number of Senators, and a majority of the 
whole number shall be necessary to a choice. But no per- 
son constitutionally ineligible to the office of President, 
shall be eligible to that of Vice-President of the United 

States. 

ARTICLE XIII. 

" Section 1. Neither slavery nor involuntary servi- 
tude, except as a punishment for crime, whereof the party 
shall have been duly convicted, shall exist within the 
United States, or any place subject to their jurisdiction. 

" Sec. 2. Congress shall have power to enforce this 
Article by appropriate legislation, approved February 1, 
1863." 

ARTICLE XIV. 

Section 1. All persons born or naturalized in the 
United States, and subject to the jurisdiction thereof, are 
citizens of the United States and of the State wherein 
they reside. No State shall make or enforce any law 
which shall abridge the privileges or immunities of citizens 
of the United States ; nor shall any State deprive any 
person of life, liberty, or property, without due process 
of law, nor deny to any person within its jurisdiction the 
equal protection of the laws. 

Sec. 2. Representatives shall be apportioned among 
the several States according to their respective numbers, 
counting the whole number of persons in each State, ex- 
cluding Indians not taxed. But when the right to vote at 
any election for the choice of electors for President and 
Vice-President of the United States, representatives in 
Congress, the executive and judicial officers of a State, or 
the members of the legislature thereof, is denied to any of 
the male inhabitants of such State, being twenty-one years 
of age, and citizens of the United States, or in any way 
abridged, except for participation in rebellion or other 
crime, the basis of representation therein shall be reduced 
in the proportion which the number of such male citizens 
shall bear to the whole number of male citizens twenty-one 
years of age in such State. 

Sec. o. No person shall be a senator or representative 



THE CONSTITUTION. 53 

in Congress, or elector of President and Vice-President, or 
hold any office, civil or military, under the United States, 
or under any State, who, having previously taken an oath, 
as a member of Congress, or as an officer of the United 
States, or as a member of any State legislature, or as an 
executive or judicial officer of any State, to support the 
Constitution of the United States, shall have engaged in 
insurrection or rebellion against the same, or given aid 
or comfort to the enemies thereof. But Congress may, by 
a vote of two-thirds of each house, remove such disability. 

Sec. 4. The validity of the public debt of the United 
States, authorized by law, including debts incurred for 
the payment of pensions and bounties for services in sup- 
pressing insurrection or rebellion, shall not be questioned. 
But neither the United States nor any State shall assume 
or pay any debt or obligation incurred in aid of insurrec- 
tion or rebellion against the United States, or any claim 
for the loss or emancipation of any- slave ; but all such 
debts, obligations and claims shall be held illegal and void. 

Sec. 5. The Congress shall have power to enforce, by 
appropriate legislation, the provisions of this Article. 

The Amendment passed the Senate by a vote of 33 yeas to 11 
nays, and the House by a vote of 138 yeas to 36 nays. 

ARTICLE XV. 

Section 1. The right of citizens of the United States 
to vote shall not be denied or abridged by the United 
States or by any State on account of race, color, or previ- 
ous condition of servitude. 

Sec. 2. The Congress shall have power to enforce this 
article by appropriate legislation. 



The Constitution w r as adopted on the 17th of September, 
1787, by the convention appointed in pursuance of the 
Resolution of the Congress of the Confederation, of the 
21st February, 1787, and ratified by the conventions of 
the several States, as follows : 



54 THE CONSTITUTION. 

By Convention of Delaware 7th December, 1787 

" " Pennsylvania. .. .12th December, 1787 

" " New Jersey 18th December, 1787 

" " Georgia 2d January, 1788 

" " Connecticut 9th January, 1788 

Massachusetts 6th February, 1 788 

" Maryland 28th April, 1788 

" South Carolina 28th May, 1788 

New Hampshire 21st June, 1788 

Virginia 26th June, 1788 

New York 26th July, 1788 

" " North Carolina... 21st November, 1789 
Rhode Island 29th May, 1790 



The first ten of the Amendments were proposed on the 
25th September, 1789, and ratified by the constitutional 
number of States on the 15th December, 1791; the elev- 
enth, on the 8th January, 1798 ; the twelfth, on the 25th 
September, 1804; the thirteenth, on the 1st February, 
1863; the fourteenth, on the 21st July, 1868; and the 
fifteenth, on the 30th March, 1870. 



WASHINGTON'S RESIGNATION OF HIS 
COMMISSION. 



The War of the Revolution having terminated auspic- 
iously, Washington took leave of his officers and army at 
New York, and repaired to Annapolis, Md., where Con- 
gress was then in session. On the 20th of December, 
1783, he transmitted a letter to that body apprising them 
of his arrival, with the intention of resigning his commis- 
sion, and desiring to know whether it would be most 
agreeable to receive it in writing or at an audience. It 
Avas immediately resolved that a public entertainment be 
given him on the 22d, and that he be admitted to an audi- 
ence on the 23d, at 12 o'clock. Accordingly, he attended 
at that time, and, being seated, the President informed 
him that Congress were prepared to receive his communi- 
cations. Whereupon he arose, and spoke as follows : 

" Mr. President : — The great events on which my 
resignation depended having at length taken place, I have 
now the honor of offering my sincere congratulations to 
Congress, and of presenting myself before them, to surren- 
der into their hands the trust committed to me, and to 
claim the indulgence of retiring from the service of my 
country. 

" Happy in the confirmation of our independence and 
sovereignty, and pleased with the opportunity afforded the 
United States of becoming a respectable nation, I resign 
with satisfaction the appointment I accepted with diffi- 
dence: a diffidence in my abilities to accomplish so arduous 
a task ; which, however, was superseded by a confidence 
in the rectitude of our cause, the support of the supreme 
power of the Union, and the patronage of Heaven. 

"The successful termination of the war has verified the 
most sanguine expectations ; and my gratitude for the 
interposition of Providence, and the assistance I have 

55 



56 Washington's resignation. 

received from my countrymen, increases with every review 
of the momentous contest. 

" While I repeat my obligations to the army in general, 
I should do injustice to my own feelings not to acknowl- 
edge, in this place, the peculiar services and distinguished 
merits of the gentlemen who have been attached to my 
person during the Avar. It was impossible the choice of 
confidential officers to compose my family should have 
been more fortunate. Permit me, sir, to recommend, in 
particular, those who have continued in the service to the 
present moment, as worthy of the favorable notice and 
patronage of Congress. 

"I consider it an indispensable duty to close this last 
act of my official life by commending the interests of our 
dearest country to the protection of Almighty God, and 
those who have the superintendence of them to his holy 
keeping. 

" Having now finished the work assigned me, I retire 
from the great theater of action, and bidding an affec- 
tionate farewell to this august body, under whose orders 
I have so long acted, I here offer my commission, and 
take my leave of all the employments of public life." 



WASHINGTON'S INAUGURAL ADDRESS. 



In accordance with previous arrangements, General 
Washington met Congress in New York, on the 30th of 
April, 1789, for the purpose of being inaugurated as the 
first President of the United States. The oath of office 
having been administered by the Chancellor of the State 
of New York, in presence of the Senate and House of 
Representatives, the President delivered the following 
Inaugural Address : 

" Felhw-citkens of the Senate and of the House of Represen- 
tatives : 

"Among the vicissitudes incident to life, no event could 
have filled me with greater anxieties than that of which 
the notification was transmitted by your order, and received 
on the 14th day of the present month. On the one hand, 
I was summoned by my country, whose voice I can never 
hear but with veneration and love, from a retreat which 
I had chosen with the fondest predilection, and, in my 
flattering hopes, with an immutable decision, as the asylum 
of my declining years — a retreat which was rendered 
every day more necessary, as well as more dear to me, by 
the addition of habit to inclination, and of frequent inter- 
ruptions in my health, to the gradual waste committed on 
it by time. On the other hand, the magnitude and diffi- 
culty of the trust to which the voice of my country called 
me, being sufficient to awaken, in the wisest and most 
experienced of her citizens, a distrustful scrutiny into his 
cpialifications, could not but overwhelm with despondency 
one who, inheriting inferior endowments from nature, and 
unpracticed in the duties of civil administration, ought to 
be peculiarly conscious of his own deficiencies. In this 
conflict of emotion, all I dare aver is, that it has been my 
faithful study to collect my duty from a just appreciation 

57 



58 Washington's inaugural address. 

of every circumstance by which it might be affected. All 
I dare hope is, that if, in executing this task, I have been 
too much swayed by a grateful remembrance of former 
instances, or by an affectionate sensibility to this trans- 
cendent proof of the confidence of my fellow-citizens, and 
have thence too little consulted my incapacity as well as 
disinclination for the weighty and untried cares before me, 
my error will be palliated by the motives which misled 
me, and its consequences be judged by my country, with 
some share of the partiality in which they originated. 

" Such being the impressions under which I have, in 
obedience to the public summons, repaired to the present 
station, it would be peculiarly improper to omit, in this 
first official act, my fervent supplications to that Almighty 
Being who rules over the universe — who presides in the 
councils of nations — and whose providential aids can supply 
every human defect, that his benediction may consecrate 
to the liberties and happiness of the people of the United 
States — a government instituted by themselves for these 
essential purposes — and may enable every instrument 
employed in its administration to execute with success the 
functions allotted to his charge. In tendering this homage 
to the Great Author of every public and private good, I 
assure myself that it expresses your sentiments not less 
than my own ; nor those of my fellow-citizens at large, 
less than either. No jDeople can be bound to acknowledge 
and adore the invisible hand which conducts the affairs of 
men more than the people of the United States. Every 
step by which they have advanced to the character of an 
independent nation seems to have been distinguished by 
some token of providential agency ; and in the important 
revolution just accomplished in the system of their united 
government, the tranquil deliberations, and voluntary con- 
sent of so many distinct communities, from which the 
event has resulted, can not be compared with the means 
by which most governments have been established without 
some return of pious gratitude, along with an humble 
anticipation of the future blessings which the past seem 
to presage. These reflections, arising out of the present 
crisis, have forced themselves too strongly on my mind to 



Washington's inaugural address. 59 

he suppressed. You will join with me, I trust, in think- 
ing that there are none under the influence of which the 
proceedings of a new and free government can mure 
auspiciously commence. 

" By the article establishing the executive department, 
it is made the duty of the President ' to recommend to 
your consideration such measures as he shall judge neces- 
sary and expedient.' The circumstances under which I 
now meet you, will acquit me from not entering into that 
subject farther than to refer to the great constitutional 
charter under which you are assembled, and which, in 
defining your powers, designates the objects to which your 
attention is to be given. It will be more consistent with 
those circumstances, and far more congenial with the feel- 
ings which actuate me, to substitute in place of a recom- 
mendation of particular measures, the tribute that is due to 
the talents, the rectitude, and the patriotism which adorn 
the characters selected to advise and adopt them. In 
these honorable qualifications I behold the surest pledges 
that as, on one side, no local prejudices or attachments, 
no separate views, nor party animosities, will misdirect the 
comprehensive and equal eye which ought to watch over 
this great assemblage of communities and interests; so, 
on another, that the foundations of our national policy 
will be laid in the pure and immutable principles of private 
morality ; and the preeminence of free government be 
exemplified by all the attributes which can win the affec- 
tions of its citizens, and command the respect of the world. 
I dwell on this prospect with every satisfaction which an 
ardent love for my country can inspire ; since there is no 
truth more thoroughly established than that there exists 
in the economy and course of nature an indissoluble union 
between virtue and happiness — between duty and advan- 
tage — between the genuine maxims of an honest and 
magnanimous policy and the solid rewards of public pros- 
perity and felicity ; since we ought to be no less persuaded 
that the propitious smiles of Heaven can never be expected 
on a nation that disregards the eternal rules of order ami 
right, which Heaven itself has ordained; and since the 
preservation of the sacred fire of liberty and the destiny 



60 Washington's inaugural address. 

of the republican model of government are justly consid- 
ered as deeply, perhaps as finally, staked on the experi- 
ment intrusted to the hands of the American people. 

"Besides the ordinary objects submitted to your care, 
it will remain with your judgment to decide how far an 
exercise of the occasional power delegated by the fifth 
article of the Constitution is rendered expedient at the 
present juncture by the nature of objections which have 
been urged against the system, or by the degree of inquie- 
tude which has given birth to them. Instead of under- 
taking particular recommendations on this subject, in 
which I could be guided by no lights derived from official 
opportunities^ I shall again give way to my entire confi- 
dence in your discernment and pursuit of the public good ; 
for, I assure myself, that while you carefully avoid every 
alteration which might endanger the benefits of an united 
and effective government, or which ought to await the 
future lessons of experience, a reverence for the charac- 
teristic rights of freemen, and a regard for the public 
harmony, will sufficiently influence your deliberations on 
the question, how far the former can be more impregnably 
fortified, or the latter be safely and advantageously pro- 
moted. 

"To the preceding observations I have one to add, 
which will be most properly addressed to the House of 
Representatives. It concerns myself, and will, therefore, 
be as brief as possible : When I was first honored with a 
call into the service of my country, then on the eve of an 
arduous struggle for its liberties, the light in which I 
contemplated my duty required that I should renounce 
every pecuniary compensation. From this resolution I 
have in no instance departed, and, being still under the 
impressions which produced it, I must decline, as inappli- 
cable to myself, any share in the personal emoluments 
which may be indispensably included in a permanent pro- 
vision for the executive department, and must accordingly 
pray that the pecuniary estimates for the station in which 
I am placed may, during my continuance in it, be limited 
to such actual expenditures as the public good may be 
thought to require. 



Washington's inaugural address. 61 

" Having thus imparted to you my sentiments, as they 
have been awakened by the occasion which brings us 
together, I shall take my present leave, but not without 
resorting once more to the benign Parent of the human 
race, in humble supplication, that since he has been pleased 
to favor the American people with opportunities for delib- 
erating in perfect tranquillity, and dispositions for deciding 
with unparalleled unanimity on a form of government for 
the security of their Union and the advancement of their 
happiness, so his Divine blessing may be equally conspic- 
uous in the enlarged views, the temperate consultations, 
and the wise measures, on which the success of this gov- 
ernment must depend." 



WASHINGTON'S FAREWELL ADDRESS. 



Friends and Fellow- Citizens : 

The period for a new election of a citizen to administer 
the Executive Government of the United States being not 
far distant, and the time actually arrived when your thoughts 
must be employed in designating the person who is to be 
clothed with that important trust, it appears to me proper 
especially as it may couduce to a more distinct expression of 
the public voice, that I should now apprise you of the res- 
olution I have formed, to decline being considered among 
the number of those out of whom a choice is to be made. 

I beg you, at the same time, to do me the justice to be 
assured that this resolution has not been taken without a 
strict regard to all the considerations appertaining to the 
relation which binds a dutiful citizen to his country ; and 
that, in withdrawing the tender of service, which silence in 
my situation might imply, I am influenced by no diminu- 
tion of zeal for your future interest ; no deficiency of 
grateful respect for your past kindness, but am supported 
by a full conviction that the step is compatible with both. 

The acceptance of, and continuance hitherto in, the of- 
fice to which your suffrages have twice called me, have 
been a uniform sacrifice of inclination to the opinion of 
duty, and to a deference for what appeared to be your de- 
sire. I constantly hoped that it would have been much 
earlier in my power, consistently with motives which I wao 
not at liberty to disregard, to return to that retirement 
from which I had been reluctantly drawn. The strength 
of my inclination to do this, previous to the last election, 
had even led to the preparation of an address to declare 
it to you ; but mature reflection on the then perplexed 
and critical posture of our affairs with foreign nations, 
and the unanimous adyice of persons entitled to my con- 
fidence impelled me tu abandon the idea. 
62 



WASHINGTON S FAREWELL ADDRES8. 63 

I rejoice that the state of your concerns, external as 
well as internal, no longer renders the pursuit of inclina- 
tion incompatible with the sentiment of duty or propriety ; 
and am persuaded, whatever partiality may be retained for 
my services, that, in the present circumstances of our 
country, you will not disapprove my determination to re- 
tire. 

The impressions with which I undertook the arduous 
trust were explained on the proper occasion. In the dis- 
charge of this trust, I will only say that I have with good 
intentions contributed toward the organization and admin- 
istration of the Government the best exertions of wbich a 
very fallible judgment was capable. Not unconscious in 
the outset of the inferiority of my qualifications, experi- 
ence, in my own eyes — perhaps still more in the eyes of 
others — has strengthened the motives to diffidence of my- 
self; and every day the increasing weight of years admon- 
ishes me more and more, that the shade of retirement is 
as necessary to me as it will be welcome. Satisfied that 
if any circumstances have given peculiar value to my 
services, they were temporary, I bave the consolation to 
believe that, while choice and prudence invite me to quit 
the political scene, patriotism does not forbid it. 

In looking forward to the moment which is intended to 
terminate the career of my public life, my feelings do not 
permit me to suspend the deep acknowledgment of that 
debt of gratitude which I owe to my beloved country for 
the many houors it has conferred upon me ; still more for 
the steadfast confidence with which it has supported me ; 
and for the opportunities I have thence enjoyed of mani- 
festing my inviolable attachment, by services faithful and 
persevering, though in usefulness unequal to my zeal. If 
benefits have resulted to our country from these services, 
let it always be remembered to your praise, and as an 
instructive example in our annals that, under circum- 
stances in which the passions, agitated in every direction, 
were liable to mislead ; amid appearances sometimes dubi- 
ous, vicissitudes of fortune often discouraging; in situa- 
tions in which, not unfrequently, want of success has 
countenanced the spirit of criticism — the constancy of your 



64: Washington's farewell address. 

support was the essential prop of the efforts, and a guar- 
antee of the plans, by which they were effected. Pro- 
foundly penetrated with this idea, I shall carry it with ine 
to my grave, as a strong incitement to unceasing vows, that 
Heaven may continue to you the choicest tokens of its be- 
neficence ; that your union and brotherly affection may be 
perpetual; that the free Constitution, which is the work 
of your hands, may be sacredly maintained ; that its ad- 
ministration, in every department, may be stamped with 
wisdom and virtue ; that, in fine, the happiness of the 
people of these States, under the auspices of liberty, may 
be made complete by so careful a preservation and so pru- 
dent a use of this blessing as will acquire to them the 
glory of recommending it to the applause, the affection, 
and the adoption of every nation which is yet a stranger 
to it. 

Here, perhaps, I ought to stop ; but a solicitude for 
your welfare, which can not end but with my life, and the 
apprehension of danger natural to that solicitude, urge 
me, on an occasion like the present, to offer to your sol- 
emn contemplation, and to recommend to your frequent 
review, some sentiments which are the result of much re- 
flection, of no inconsiderable observation, and which ap- 
pear to me all-important to the permanency of our felicity 
as a people. These will be afforded to you with the more 
freedom, as you can only see in them the disinterested 
warnings of a parting friend, who can possibly have no 
personal motive to bias his counsel ; nor can I forget, as 
an encouragement to it, your indulgent reception of my 
sentiments on a former and not dissimilar occasion. 

Interwoven as is the love of liberty with every ligament 
of your hearts, no recommendation of mine is necessary to 
fortify or confirm the attachment. 

The unity of government which constitutes you one peo- 
ple, is also now dear to you. It is justly so ; for it is a 
main pillar in the edifice of your real independence — the 
support of your tranquillity at home, your peace abroad, 
of your safety, of your prosperity, of that very liberty 
which you so highly prize. But as it is easy to foresee 
that, from different causes and from different quarters, 



WASniNGTON'S FAREWELL ADDRESS. 65 

much pains will be taken, many artifices employed, to 
weaken in your minds the conviction of this truth ; as 
this is the point in your political fortress against which 
the batteries of internal and external enemies will be most 
constantly and actively (though often covertly and insidi- 
ously) directed, it is of infinite moment that you should 
properly estimate the immense value of your National 
Union to your collective and individual happiness; that 
you should cherish a cordial, habitual, and immovable at- 
tachment to it ; accustoming yourselves to think and speak 
of it as of the palladium of your political safety and pros- 
perity ; watching for its preservation with jealous anxiety ; 
discountenancing whatever may suggest even a suspicion that 
it can, in any event, be abandoned ; and indignantly frowning 
upon the first dawning of every attempt to alienate any por- 
tion of our country from the rest, or to enfeeble the sacred 
ties which now link together the various parts. 

For this you have every inducement of sympathy and in- 
terest. Citizens by birth or choice, of a commou country, 
that country has a right to concentrate your affections. 
The name of American, which belongs to you in your na- 
tional capacity, must always exalt the just pride of patri- 
otism, more than any appellation derived from local dis- 
criminations. With slight shades of difference, you have 
the same religion, manners, habits, and political principles. 
You have, in a common cause, fought and triumphed to- 
gether ; the independence and liberty you possess are the 
work of joint counsels and joint efforts — of common dan- 
gers, sufferings and successes. 

But these considerations, however powerfully they ad- 
dress themselves to your sensibility, are greatly outweighed 
by those which apply more immediately to your iuterest ; 
here every portion of our country finds the most command- 
ing motives for carefully guarding and preserving the union 
of the whole. 

The North, in an unrestrained intercourse with the South, 
protected by the equal laws of a common government, finds, 
in the productions of the latter, great additional resources of 
maritime and commercial enterprise, and precious materials 
of manufacturing industry. The South, in the same iuter- 
6 



66 WASHINGTON'S FAREWELL ADDRESS. 

course, benefiting by tbe agency of the North, sees its ag- 
riculture grow and its commerce expand. Turning partly 
into its own channels the seamen of the North, it finds its 
particular navigation invigorated ; and while it contributes, 
in different ways, to nourish and increase the general mass 
of the national navigation, it looks forward to the protec- 
tion of a maritime strength to which itself is unequally 
adapted. The East, in like intercourse with the West, al- 
ready finds — and in the progressive improvement of interior 
communication by land and water, will more and more find — 
a valuable vent for the commodities which it brings from 
abroad or manufactures at home. The West derives from 
the East supplies requisite to its growth and comfort ; and 
what is, perhaps, of still greater consequence, it must, of 
necessity, owe the secure enjoyment of indispensable out- 
lets for, its own productions, to the weight, influence, and 
the future maritime strength of the Atlantic side of the 
Union, directed by an indissoluble community of interest 
as one nation. Any other tenure by which the West can 
hold this essential advantage, whether derived from its own 
separate strength, or from an apostate and unnatural con- 
nection with any foreign power, must be intrinsically pre- 
carious. 

While, then, every part of our country thus feels an im- 
mediate and particular interest in union, all the parts com- 
bined can not fail to find, in the united mass of means and 
efforts, greater strength, greater resource, proportionately 
greater security from external danger, a less frequent in- 
terruption of their peace by foreign nations ; and what is 
of inestimable value, they must derive from union an ex- 
emption from those broils and wars between themselves, 
which so frequently afflict neighboring countries, not tied 
together by the same government; which their own rival- 
ship alone would be sufficient to produce, but which oppo- 
site foreign alliances, attachments, and intrigues would stim- 
ulate and embitter. Hence, likewise, they will avoid the ne- 
cessity of those overgrown military establishments, which, un- 
der any form of government, are inauspicious to liberty, and 
which are to be regarded as particularly hostile to republican 
liberty j in this sense it is that your union ought to be con- 



Washington's farewell address. 67 

sidered as a main prop of your liberty, and that the love 
of the one ought to endear to you the preservation of the 
other. 

These considerations speak a persuasive language to 
every reflecting and virtuous mind, and exhibit the contin- 
uance of the Union as a primary object of patriotic desire. 
Is there a doubt, whether a common government can em- 
brace so large a spbere ? Let experience solve it. To 
listen to mere speculation, in such a case, were criminal. 
We are authorized to hope, that a proper organization of 
the whole, with the auxiliary agency of governments for 
the respective subdivisions, will afford a happy issue to the 
experiment. It is well worth a fair and full experiment. 
With such powerful and obvious motives to Uniou, affect- 
ing all parts of our country, while experience shall not 
have demonstrated its impracticability, there will alwaya 
be reason to distrust the patriotism of those who, in any 
quarter, may endeavor to weaken its bands. 

In contemplating the causes which may disturb our 
Union, it occurs, as a matter of serious concern, that any 
ground should have been furnished for characterizing 
parties by geographical discriminations — Northern and 
Southern, Atlantic and Western — whence designing men 
may endeavor to excite a belief that there is a real differ- 
ence of local interests and views. One of the expedients 
of party to acquire influence within particular districts, is 
to misrepresent the opinions and aims of other districts. 
You can not shield yourself too much against the jeal- 
ousies aud heart-burnings which spring from these misrep- 
resentations; they tend to render alien to each other those 
who ought to be bouud together by fraternal affection. 
The inhabitants of our western country have lately had a 
useful lesson on this head ; they have seen in the negoti- 
ation of the Executive, and in the unanimous ratification 
by the Senate, of the treaty with Spain, and in the uni- 
versal satisfaction at that event throughout the United 
States, a decisive proof how unfounded were the suspicions 
propagated among them of a policy in the General Govern- 
ment, and in the Atlantic States, unfriendly to their in- 
terests in regard to the Mississippi ; they have been wit- 



G8 WASHINGTON'S FAREWELL ADDRES8. 

nesses to tho formation of two treaties — that with Great 
Britain, and that with Spain — which secure to them every 
thing they could desire in respect to our foreign relatious, 
toward confirming their prosperity. Will it not be their 
wisdom to rely for the preservation of these advantages ou 
the Union by which they were procured? Will they not 
henceforth be deaf to those advisers, if such there be, who 
would sever them from their brethren, and connect them 
with aliens? 

To the efficacy and permanency of your Union, a Gov- 
ernment for the whole is indispensable. No alliance, how- 
ever strict between the parts, can be an adequate substitute ; 
they must inevitably experience the infractions and inter- 
ruptions which all alliances, in all time, have experienced. 
Sensible of this momentous truth, you have improved upon 
your first essay, by the adoption of a Constitution of Gov- 
ernment better calculated than your former for an intimate 
Union, and for the efficacious management of your common 
concerns. This Government, the offspring of our own 
choice, uninfluenced and unawed, adopted upon full investi- 
gation and mature deliberation, completely free in its prin- 
ciples, in the distribution of its powers, uniting security 
with energy, aud containing within itself a provision for 
its own amendment, has a just claim to your confidence 
and your support. Respect its authority, compliance with 
its laws, acquiescence in its measures, are duties enjoined 
by the fundamental maxims of true liberty. The basis of 
our political systems, is the right of the people to inako 
and to alter their constitutions of Government; but the 
Constitution which at any time exists, till changed by an 
explicit and authentic act of the whole people, is sacredly 
obligatory upon all. The very idea of the power and tho 
right of the people to establish Government, presupposes 
the duty of every individual to obey the established Gov- 
ernment. 

All obstructions to the execution of the laws, all com- 
binations and associations, under whatever plausible char- 
acter, with the real design to direct, control, counteract, or 
awe the regular deliberation aud action of the constituted 
authorities, are destructive to this fundamental principle, 



WASHINGTON'S FAREWELL ADDRESS. (J9 

and of fatal tendency. They servo to organize faction, to 
give it an artificial and extraordinary force, to put in the 
place of the delegated will of the nation the will of a party, 
often a small hut artful and enterprising minority of the 
community ; and, according to the alternate triumphs of 
different parties, to make the public administration the 
mirror of the ill-concerted and incongruous projects of fic- 
tion, rather than the organ of consistent and wholesome 
plans, digested by common counsels, and modified by mu- 
tual interests. 

However combinations and associations of the above de- 
scription may now and then answer popular ends, they are 
likely, in the course of time and things, to become potent 
engines, by which cunning, ambitious, and unprincipled 
men, will be enabled to subvert the power of the people, 
and to usurp for themselves the reins of Government; de- 
stroying, afterward, the very engines which had lifted 
them to unjust dominion. 

Toward the preservation of your Government, and the 
permanency of your present happy state, it is requisite, not 
only that you steadily discountenance irregular oppositions, 
to its acknowledged authority, but also that you resist, with 
care, the spirit of innovation upon its principles, however 
specious the pretexts. Oue method of assault may be to 
effect, in the forms' Constitution, alterations which will im- 
pair the energy of the system, and thus to undermine what 
can not be directly overthrown. In all the changes to 
which you may be invited, remember that time and habit 
are at least as necessary to fix the true character of Gov- 
ernments as of other human institutions; that experience 
is the surest standard by which to test the real tendency 
of the existing constitution of a country; that facility in 
changes, upon the credit of mere hypothesis and opinion, 
exposes to perpetual change, from the endless variety of 
hypothesis and opinion; and remember, especially, that for 
the efficient management of your common interests, in a 
country so extensive as ours, a Government of as much 
vigor as is consistent with the perfect security of liberty, 
is indispensable. Liberty itself will find in such a Gov- 
ernment, with powers properly distributed and adjusted, its 



70 WASHINGTON'S FAREWELL ADDRESS. 

surest guardian. It is, indeed, little else than a name, where 
the Government is too feeble to withstand the enterprises 
of faction, to confine each member of the society within the 
limits prescribed by the laws, and to maintain all in the 
secure and tranquil enjoyment of the rights of person and 
property. 

I have already intimated to you the danger of parties in 
the State, with particular reference to the founding of them 
on geographical discriminations. Let me uow take a more 
comprehensive view, and warn you, in the most solemn 
manner, against the baneful effects of the spirit of party 
generally. 

This spirit, unfortunately, is inseparable from our nature, 
having its root in the strongest passions of the human 
mind. It exists under different shapes, in all Governments, 
more or less stifled, controlled, or repressed; but in those 
of the popular form it is seen in its greatest rankness, and 
is truly their worst enemy. 

The alternate domination of one faction over another, 
sharpened by the spirit of revenge, natural to party dis- 
sension, which, in different ages and countries, has perpe- 
trated the most horrid enormities, is itself a frightful des- 
potism. But this leads, at length, to a more formal and 
permanent despotism. The disorders and miseries which 
result, gradually incline the minds of men to seek security 
and repose in the absolute power of an individual ; and, 
sooner or later, the chief of some prevailing faction, more 
able or more fortunate than his competitors, turns this dis- 
position to the purposes of his own elevation on the ruins 
of public liberty. 

Without looking forward to an extremity of this kind, 
(which, nevertheless, ought not to be entirely out of sight,) 
the common and continual mischiefs of the spirit of party 
are sufficient to make it the interest and duty of a wise 
people to discourage and restrain it." 

It serves always to distract the public counsels, and en- 
feeble the public administration. It agitates the commu- 
nity with ill-founded jealousies and false alarms; kindles: 
the animosities of one part against another; foments, oc- 
casionally, riot and insurrection. It opens the door to 



WASHINGTON'S FAREWELL ADDRESS. 71 

foreign influence and corruption, which find a facilitated 
access to the Government itself, through the channels of 
party passions. Thus the policy and the will of one coun- 
try are subjected to the policy and will of another. 

There is an opinion that parties, in free countries, are 
useful checks upon the administration of the Government, 
and serve to keep alive the spirit of liberty. This, within 
certain limits, is probably true; and in Governments of a 
monarchical cast, patriotism may look with indulgence, if 
not with favor, upon the spirit of party. But in those of 
the popular character, in Governments purely elective, it 
is a spirit not to be encouraged. From their natural tend- 
ency, it is certain there will always be enough of that 
spirit for every salutary purpose. And there being con- 
stant danger of excess, the effort ought to be, by force of 
public opinion, to mitigate and assuage it. A fire not to be 
quenched, it demands a uniform vigilance to prevent its 
bursting into a flame, lest, instead of warming, it should 
consume. 

It is important, likewise, that the habits of thinking, in 
a free country, should inspire caution in those intrusted 
with its administration to confine themselves within their 
respective constitutional spheres, avoiding in the exercise 
of one department, to encroach upon another. The spirit 
of encroachment tends to consolidate the powers of all the 
departments in one, and thus to create, whatever the form 
of" Government, a real despotism. A just estimate of that 
love of power, and proneness to abuse it which predomi- 
nates in the human heart, is sufficient to satisfy us of the 
truth of this position. The necessity of reciprocal checks 
in the exercise of political power, by dividing and distrib- 
uting it into different depositories, and constituting each 
the guardian of public weal, against invasions by the others, 
has been evinced by experiments, ancient and modern, 
some of them in our own country, and under our own 
eyes. To preserve them must be as necessary as to insti- 
tute them. If, in the opinion of the people, the distribu- 
tion or modification of the constitutional powers be, in any 
particular, wrong, let it be corrected by an amendment in 
the way which the Constitution designates. But let there 



72 WASHINGTON S FAREWELL ADDRESS. 

be no change by usurpation ; for though this, in one in- 
stance, may be the instrument of good, it is the customary 
weapon by which free Governments are destroyed. The 
precedent must always greatly overbalance, in permanent 
evil, any partial or transient benefit which the use can, at 
any time, yield. 

Of all the dispositions and habits which lead to political 
prosperity, religion and morality are indispensable supports. 
In vain would that man claim the tribute of patriotism, who 
should labor to subvert these great pillars of human hap- 
piness, these firmest props of the duties of men and citizens. 
The mere politician, equally with the pious man, ought to 
respect and to cherish them. A volume could not trace all 
their connections with private and public felicity. Let it 
simply be asked, Where is the security for property, for 
reputation, for life, if the sense of religious obligation desert 
the oaths which are the instruments of investigation in the 
courts of justice? And let us with caution indulge the sup- 
position, that morality can be maintained without religion. 
Whatever may be conceded to the influence of refined edu- 
cation on minds of peculiar structure, reason and experience 
both forbid us to expect that national morality can prevail 
in exclusion of religious principles. 

It is substantially true, that virtue or morality is a nec- 
essary spring of popular Government. The rule, indeed, 
extends with more or iess force to every species of free Gov- 
ernment. Who, that is a sincere friend to it, can look with 
indifference upon attempts to shake the foundation of the 
fabric? 

Promote, then, as an object of primary importance, in- 
stitutions for the general diffusion of knowledge. In pro- 
portion as the structure of a Government gives force to pub- 
lic opinion, it is essential that public opinion should be en- 
lightened. 

As a very important source of strength and security, 
cherish public credit. One method to preserve it is to use 
it as sparingly as possible ; avoiding occasions of expense 
by cultivating peace, but remembering also that timely dis- 
bursements, to prepare for danger, frequently prevent much 
greater disbursements to repel it ; avoiding, likewise, the 



WASHINGTON'S FAREWELL ADDRESS. 73 

accumulation of debt, not only by sbunning occasion of ex- 
pense, but by vigorous exertions in time of peace to discbarge 
the debts which unavoidable wars may have occasioned, 
not ungenerously throwing upon posterity the burden which 
we ourselves ought to bear. The execution of these maxims 
belong to your representatives, but it is necessary that pub- 
lic opinion should cooperate. To facilitate to them the per- 
formance of their duty, it is essential that you should prac- 
tically bear in mind, that toward the payment of debts there 
must be revenue ; that to have revenue there must be taxes ; 
that no taxes can be devised which are not more or less in- 
convenient and unpleasant ; that the intrinsic embarrass- 
ment inseparable from the selection of the proper objects 
(which is always a choice of difficulties) ought to be a 
decisive motive for a candid construction of the conduct of 
the Government in making it, and for a spirit of acquiescence 
in the measures for obtaining revenue, which the public exi- 
gencies may at that time dictate. 

Observe good faith and justice toward all nations ; cul- 
tivate peace and harmony with all ; religion and morality 
enjoin this conduct: and can it be that good policy does not 
equally enjoin it? It will be worthy of a free, enlightened, 
and, at no distant period, a great nation, to give to mankind 
the magnanimous and too novel example of a people always 
guided by an exalted justice and benevolence. Who can 
doubt that, in the course of time and things, the fruits of such 
a plan would richly repay any temporary advantages which 
might be lost by a steady adherence to it? Can it be that 
Providence has not connected the permanent felicity of a 
nation with its virtue? The experiment, at least, is recom- 
mended by every sentiment which ennobles human nature. 
Alas! is it to be rendered impossible by its vices? 

In the execution of such a plan, nothing is more essen- 
tial than that permanent inveterate antipathies against par- 
ticular nations, and passionate attachment for others, should 
be excluded; and that, in place of them, just and amicable 
feelings toward all should be cultivated. The nation which 
indulges toward another an habitual hatred, or an habitual 
fondness, is, in some degree, a slave. It is a slave to its 
animosity or its affection, either of which is sufficient to 
7 



74 Washington's farewell address. 

lead it astray from its duty and its interest. Antipathy in 
one nation against another, disposes each more readily to of- 
fer insult and injury, to lay hold of slight causes of umbrage, 
and to be haughty and intractable when accidental or tri- 
fling occasions of dispute occur. Hence frequent collisions, 
obstinate, envenomed, and bloody contests. The nation, 
prompted by ill-will and resentment, sometimes impels to 
war the Government contrary to the best calculations of pol- 
icy. The Government sometimes participates in the natioual 
propensity, and adopts, through passion, what reason would 
reject; at other times it makes the animosity of the nation 
subservient to projects of hostility, instigated by pride, am- 
bition, and other sinister and pernicious motives. The peace 
often, sometimes perhaps the liberty, of nations has been 
the victim. 

So, likewise, a passionate attachment of one nation to an- 
other produces a variety of evils. Sympathy for the favor- 
ite nation, facilitating the illusion of an imaginary common 
interest, in cases where no real common interest exists, and 
infusing into one the enmities of the other, betrays the for- 
mer into a participation in the quarrels and wars of the lat- 
ter, without adequate inducement or justification. It leads 
also to concessions to the favorite nation of privileges denied 
to others, which is apt doubly to injure the nation making the 
concessions; by unnecessarily parting with what ought to 
have been retained, and by exciting jealousy, ill-will, and a 
disposition to retaliate in the parties from whom equal privi- 
leges are withheld ; and it gives to ambitious, corrupted, 01 
deluded citizens (who devote themselves to the favorite. na- 
tion) facility to betray, or sacrifice the interest of their own 
country, without odium, sometimes even with popularity; 
gilding with the appearance of virtuous sense of obligation, 
a commendable deference for public opinion, or a laudable 
zeal for public good the base or foolish compliances of am- 
bition, corruption, or infatuation. 

As avenues to foreign influence, in innumerable ways, 
such attachments are particularly alarming to the truly en- 
lightened and independent patriot. How many opportuni- 
ties do they afford to tamper with domestic factions, to 
practice the art of seduction, to mislead public opinion, to 



WASHINGTON'S FAREWELL ADDRESS. 75 

influence or awe the ptblic councils! Such an attachment 
of a small or weak, toward a great and powerful nation, 
dooms the former to be the satellite of the latter. 

Against the insidious wiles of foreign influence (I con- 
jure you to believe me, fellow-citizeDs) the jealousy of a free 
people ought to be constantly awake; since history and ex- 
perience prove that foreign influence is one of the most 
baneful foes of Republican Government. But that jeal- 
ousy, to be useful, must be impartial, else it becomes the 
instrument of the very influence to be avoided, instead of 
a defense against it. Excessive partiality for one foreign 
nation, and excessive dislike for another, cause those whom 
they actuate to see danger only on one side, and serve to 
veil, and even second the arts of influence on the other. 
Real patriots, who may resist the intrigues of the favorite, 
are liable to become suspected and odious; while its tools 
and dupes usurp the applause and confidence of the people 
to surrender their interests. 

The great rule of conduct for us, in regard to foreign na- 
tions, is, in extending our commercial relations, to have with 
them as little political connection as possible. So far as we 
have already formed engagements, let them be fulfilled with 
perfect good faith. Here let us stop. 

Europe has a set of primary interests, which to us have 
none, or a very remote relation. Hence she must be en- 
gaged in frequent controversies, the causes of which are es- 
sentially foreign to our concerns. Hence, therefore, it must 
be unwise in us to implicate ourselves, by artificial ties, in 
trie ordinary vicissitudes of her politics, or the ordinary 
combinations and collisions of her friendships or enmities. 

Our detached and distant situation invites and enables us 
to pursue a different course. If we remain one people, un- 
der an efficient Government, the period is not far off when 
we may defy material injury from external annoyance; when 
we may take such an attitude as will cause the neutrality we 
may at any time resolve upon, to be scrupulously respected ; 
when belligerent nations, under the impossibility of making 
acquisitions upon us, will not lightly hazard the giving us 
provocation ; when we may choose peace or war, as our in- 
terest, guided by justice, shall counsel. 



76 Washington's farewell address. 

Why forego the advantages of such a peculiar situation ? 
Why quit our own to stand upon foreign ground? Why, 
by interweaving our destiny with that of any part of Europe, 
entangle our peace and prosperity in the toils of European 
ambition, rivalship, interest, humor, or caprice? 

It is our true policy to steer clear of permanent alliances 
with any portion of the foreign world; so far, I mean, as we 
are now at liberty to do it; for let me not be understood as 
capable of patronizing infidelity to existing engagements. 
I hold the maxim no less applicable to public than to private 
affairs, that honesty is always the best policy. I repeat it, 
therefore, let those engagements be observed in their genu- 
ine sense. But, in my opinion, it is unnecessary, and would 
be unwise to extend them. 

Taking care always to keep ourselves, by suitable estab- 
lishments, on a respectable defensive posture, we may safely 
trust to temporary alliances for extraordinary emergencies. 

Harmony and a liberal intercourse with all nations, are 
recommended by policy, humanity, and interest. But even 
our commercial policy should hold an equal and impartial 
hand ; neither seeking nor granting exclusive favors or pref- 
erences; consulting the natural course of things; diffusing 
and diversifying, by gentle means, the streams of commerce, 
but forcing nothing; establishing, with powers so disposed, 
in order to give trade a stable course, to define the rights 
of our merchants, and to enable the Government to sup- 
port conventional rules of intercourse, the best that pres- 
ent circumstances and mutual opinions will permit, but tem- 
porary, and liable to be, from time to time, abandoned or 
varied, as experience and circumstances shall dictate; con- 
stantly keeping in view, that it is folly in one nation to look 
for disinterested favors from another; that it must pay, with 
a portion of its independence, for whatever it may accept 
under that character; that by such acceptance it may place 
itself in the condition of having given equivalents for nom- 
inal favors, and yet of being reproached with ingratitude for 
not giving more. There can be no greater error than to 
expect, or calculate upon, real favors from nation to natiou. 
It is an illusion which experience must cure, which a just 
pride ought to discard. 



Washington's farewell address. 77 

In offering to you, my countrymen, these counsels of an 
old and affectionate friend, I dare not hope they will make 
the strong and lasting impression I could wish — that they 
will control the usual current of the passions, or prevent 
our nation from running the course which has hitherto 
marked the destiny of nations — but if I may even natter 
myself that they may be productive of some partial benefit, 
some occasional good, that they may now and then recur to 
moderate the fury of party spirit, to warn against the mis- 
chief of foreign intrigues, to guard against the impostures 
of pretended patriotism, this hope will be a full recompense 
for the solicitude for your welfare by which they have been 
dictated. 

How far, in the discharge of my official duties, I have 
been guided by the principles which have beeu delineated, 
the public records, and other evidences of my conduct, must 
witness to you and the world. To myself the assurance of 
my own conscience is, that I have at least believed myself 
to be guided by them. 

In relation to this still subsisting war in Europe, my 
proclamation of the 22d of April, 1793, is the index to 
my plan. Sanctioned by your approving voice, and by that 
of your Representatives in both Houses of Congress, the 
spirit of that measure has continually governed me, unin- 
fluenced by any attempts to deter or divert me from it. 

After deliberate examination, with the aid of the best 
lights I could obtain, I was well satisfied that our country, 
under all the circumstances of the case, had a right to take — 
and was bound in duty and interest to take — a neutral posi- 
tion. Having taken it, I determined, as far as should de- 
pend upon me, to maintain it with moderation, persever- 
ance, and firmness. 

The considerations which respect the right to hold this 
conduct, it is not necessary on this occasion to detail. I 
will only observe that, according to my understanding of 
the matter, that right, so far from being denied by any of 
the belligerent powers, has been virtually admitted by all. 

The duty of holding a neutral conduct may be inferred, 
without any thing more, from the obligation which justice 
and humanity impose on every nation, in cases in which it 



78 WASHINGTON 8 FAREWELL ADDRESS. 

is free to act, to maintain inviolate the relations of peace 
and amity toward other nations. 

The inducements of interest, for observing that conduct, 
will best be referred to your own reflections and experience. 
With me, a predominant motive has been to endeavor to 
gain time to our country to settle and mature its yet recent 
institutions, and to progress, without interruption, to that 
degree of strength and consistency which is necessary to 
give it, humanly speaking, the command of its own for- 
tunes. 

Though in reviewing the incidents of my administration, I 
am unconscious of intentional error, I am, nevertheless, too 
sensible of my defects not to think it probable that I may 
have committed many errors. Whatever they may be, I fer- 
vently beseech the Almighty to avert or mitigate the evils 
to which they may tend. I shall also carry with me the 
hope, that my country will never cease to view them with 
indulgence ; and that, after forty-five years of my life dedi- 
cated to its service with an upright zeal, the faults of in- 
competent abilities will be consigned to oblivion, as myself 
must soon be to the mansions of rest. , 

Relying on its kindness in this, as in other things, and 
actuated by that fervent love toward it which is so natural 
to a man who views in it the native soil of himself and his 
progenitors, I anticipate, with pleasing expectation, that 
retreat in which I promise myself to realize, without alloy, 
the sweet enjoyment of partaking, in the midst of my fel- 
low-citizens, the benign influence of good laws under a free 
Government — the ever-favorite object of my heart — and the 
happy reward, as I trust, of our mutual cares, labors, and 
dangers. 

GEORGE WASHINGTON. 

United States, 17th September, 1796. 



MISSOURI SLAVERY COMPROMISE 
OF 1820. 



When Missouri applied for admission into the Union, a 
proposition was started in Congress to prohibit the intro- 
duction of slavery into the new State. This had the effect 
of arraying the South against the North — the slavehold- 
ing against the non-slaveholding States — and the whole 
subject of slavery became the exciting topic of debate 
throughout the country. The question was finally settled 
by a Compromise, which, tolerated slavery in Missouri, but 
otherwise prohibited it in all the territory of the United 
States north and west of the northern limits of Arkansas. 

As the principle then settled has often since been the 
prolific source of much sectional controversy and angry 
debate, and as it is desirable that every one should be 
familiar with the real provisions of the act by which Mis- 
souri was admitted, we have concluded to insert here so 
much of the law as is necessary to a full understanding 
of the subject. All the sections, except the following, re- 
late entirely to the formation of the Missouri territory, in 
the usual form of territorial bills: 

"Sec. 8. That in all that territory ceded by France 
to the United States, under the name of Louisiana, which 
lies north of thirty-six degrees and thirty minutes north 
latitude, not included within the limits of the State con- 
templated by this act, slavery and involuntary servitude, 
otherwise than in the punishment of crimes, whereof the 
parties shall be duly convicted, shall be, and is hereby, 
forever prohibited. Provided always, That any person es- 
caping into the same, from whom labor or service is law- 
fully claimed, in any State or Territory of the United 
States, such fugitive may be lawfully reclaimed and con- 
veyed to the person claiming his or her labor or service 
as aforesaid. 

79 



JACKSON'S PROCLAMATION TO THE 
•SOUTH CAROLINA NULLIFIERS. 



The President of the United States to the nullificrs of South 
Carolina : 

Whereas, A convention assembled in the State of South 
Carolina have passed an ordinauce, by which they declare, 
" that the several acts and parts of acts of the Congress of 
the United States, purporting to be laws for the imposing 
of duties and imposts on the importation of foreigu com- 
modities, and now having actual operation and effect within 
the United States, and more especially," two acts for the 
same purposes passed on the 29th of May, 1828, and on 
the 14th of July, 1832, " are unauthorized by the Consti- 
tution of the United States, and violate the true meaning 
and intent thereof, and are null and void, and no law," nor 
binding on the citizens of that State or its officers; and by 
the said ordinance, it is further declared to be unlawful for 
any of the constituted authorities of the State or of the 
United States to enforce the paymeut of the duties imposed 
by the said acts with the same State, and that it is the 
duty of the Legislature to pass such laws as may be neces- 
sary to give full effect to the said ordinance : 

And, whereas, By the said ordinance, it is further or- 
dained that in no case of law or equity decided in the 
courts of said State, wherein shall be drawn in question 
the validity of the said ordinauce, or of the acts of the 
Legislature that may be passed to give it effect, or of the 
said laws of the United States, no appeal shall be allowed 
to the Supreme Court of the United States, nor shall any 
copy of the record be permitted or allowed for that pur- 
pose ; and that any person attempting to take such appeal 
shall be punished as for a contempt of court : 

And, finally, the said ordinance declares that the peoplo 
of South Carolina will maintain the said ordinauce at every 
SO 



PROCLAMATION OF ANDREW JACKSON. 81 

hazard; and that they will consider the passage of any act, 
by Congress, abolishing or closing the ports of the said 
State, or otherwise obstructing the free ingress or egress of 
vessels to and from the said ports, or any other act of the 
Federal Government to coerce the State, shut up her ports. 
destroy or harass her commerce, or to enforce the said act 
otherwise than through the civil tribunals of the country, 
as inconsistent with the longer continuance of South Caro- 
lina in the Union, and that the people of the said State will 
thenceforth hold themselves absolved from all further obli- 
gation to maintain or preserve their political connection with 
the people of the other States, and will forthwith proceed to 
organize a separate government and do all other acts and 
things which sovereign and independent States may of 
right do. 

And, whereas, The said ordinance prescribes to the peo- 
ple of South Carolina a course of conduct in direct viola- 
tion of their duty as citizens of the United States, contrary 
to the laws of their country, subversive of its Constitution, 
and having for its object the destruction of the Union — 
that Union, which, coeval with our political existence, led 
our fathers, without any other ties to unite them than those 
of patriotism and a common cause, through a sanguinary 
struggle to a glorious independence — that sacred Union, 
hitherto inviolate, which, perfected by our happy Consti- 
tution, has brought us, by the favor of Heaven, to a state 
of prosperity at home, and high consideration abroad, rarely, 
if ever, equaled in the history of nations. To preserve this 
bond of our political existence from destruction, to maintain 
inviolate this state of national honor and prosperity, and to 
justify the confidence my fellow-citizens have reposed in me, 
I, Andrew Jackson, President of the United States, have 
thought proper to issue this, my Proclamation, stating 
my views of the Constitution and laws applicable to the 
measures adopted by the Convention of South Carolina, and 
to the reasons they have put forth to sustain them, declaring 
the course which duty will require me to pursue, and, appeal- 
ing to the understanding and patriotism of the people, warn 
them of the consequences that must inevitably result from 
an observance of the dictates of the convention. 



82 PROCLAMATION OP ANDREW JACKSON. 

Strict duty would require of me nothing more than the 
exercise of those powers with which I am now, or may here- 
after be invested, for preserving the peace of the Union, and 
for the execution of the laws. But the impcsiug aspect 
which opposition has assumed in this case, by clothing itself 
with State authority, and the deep interest which the peo- 
ple of the United States must all feel in preventing a resort 
to stronger measures, while there is a hope that any thing 
will be yielded to reasoning and remonstrance, perhaps de- 
mand, and will certainly justify, a full exposition to South 
Carolina and th<? nation of the views I entertain of this 
important question, as well as a distinct enunciation of 
the course which my sense of duty will require me to pur- 
sue. 

The ordinance is founded, not on the indefeasible right of 
resisting acts which are plainly unconstitutional, and too op- 
pressive to be endured ; but on the strange position that any 
one State may not only declare an act void, but prohibit its 
execution — that they may do this consistently with the Con- 
stitution — that the true construction of that instrument per- 
mits a State to retain its place in the Union, and yet be bound 
by no other of its laws than those it may choose to consider 
as constitutional. It is true, they add, that to justify this 
abrogation of law, it must be palpably contrary to the Con- 
stitution; but it is evident, that to give the right of resist- 
ing laws of that description, coupled with the uncontrolled 
right to decide what laws deserve that character, is to give 
the power of resisting all laws. For, as by the theory, 
there is no appeal, the reasons alleged by the State, good 
or bad, must prevail. If it should be said that public opin- 
ion is a sufficient check against the abuse of this power, it 
may be asked why it is not deemed a sufficient guard against 
an unconstitutional act of Congress ? There is, however, a 
restraint in this last case, which makes the assumed power 
of a State more indefensible, and which does not exist in 
the other. There are two appeals from an unconstitutional 
act passed by Congress — one to the judiciary, the other to 
the people and the States. There is no appeal from the 
State decision in theory, and the practical illustration shows 
that the courts are closed against an application to revise it, 



PROCLAMATION OF ANDREW JACKSON. 83 

both judges and jurors being sworn to decide in its favor. 
But reasoning on this subject is superfluous, when our so- 
cial compact, in express terras, declares that the laws of the 
United States, its Constitution, and treaties made under it, 
are the supreme law of the land ; and, for the greater cau- 
tion, adds " that the judges in every State shall be bound 
thereby, any thing in the Constitution or laws of any State 
to the contrary notwithstanding." And it may be asserted, 
without fear of refutation, that no Federal Government 
could exist without a similar provision. Look for a moment 
to the consequence. If South Carolina considers the reve- 
nues unconstitutional, and has a right to prevent their ex- 
ecution in the port of Charleston, there would be a clear 
constitutional objection to their collection in every other 
port, and no revenue could be collected anywhere; for all 
imposts must be equal. It is no answer to repeat, that an 
unconstitutional law is no law, so long as the question of 
its legality is to be decided by the State itself; for every 
law operating injuriously upon any local interest will be, 
perhaps, thought, and certainly represented, as unconstitu- 
tional ; and, as has been shown, there is no appeal. 

If this doctrine had been established at an earlier day, 
the Union would have been dissolved in its infancy. The 
excise law in Pennsylvania, the embargo and non-intercourse 
law in the eastern States, the carriage tax in Virginia, were 
all deemed unconstitutional, and were more unequal in their 
operation than any of the laws now complained of; but for- 
tunately noue of those States discovered that they had th* 
right now claimed by South Carolina. The war into which 
we were forced to support the dignity of the nation and the 
rights of our citizens, might have ended in defeat and dis- 
grace instead of victory and honor, if the States who sup- 
posed it a ruinous aud unconstitutional measure, had thought 
they possessed the right of nullifying the act by which it 
was declared, and denying supplies for its prosecution. 
Hardly and unequally as those measures bore upon several 
members of the Union, to the legislatures of none did this 
efficient and peaceable remedy, as it is called, suggest itself. 
The discovery of this important feature in our Constitution 
was reserved to the present day. To the statesmen of South 



84 PROCLAMATION OP ANDREW JACKSON. 

Carolina belongs the invention, and upon the citizens of that 
State will unfortunately fall the evils of reducing it to prac- 
tice. 

If the doctrine of a State veto upon the laws of the 
Union carries with it internal evidence of its impracticable 
absurdity, our constitutional history will also afford abund- 
ant proof that it would have been repudiated with indigna- 
tion had it been proposed to form a feature in our G-ov- 
ernment. 

In our colonial state, although dependent on another 
power, we very early considered ourselves as connected by 
common interest with each other. Leagues were formed 
for common defense, and, before the Declaration of Inde- 
pendence, we were known in our aggregate character as 
the United Colonies of America. That decisive and im- 
portant step was taken jointly. We declared ourselves a 
nation by a joint, not by several acts, and when the terms 
of our Confederation were reduced to form, it was that of 
a solemn league of several States, by which they agreed 
that they would collectively form one nation for the pur- 
pose of conducting some certain domestic concerns and all 
foreign relations. In the instrument forming that Union 
is found an article which declares that " every State shall 
abide by the determination of Congress on all questions 
which, by that Confederation, should be submitted to 
them." 

Under the Confederation, then, no State could legally 
annul a decision of the Congress, or refuse to submit to its 
execution ; but no provision was made to enforce these de- 
cisions. Congress made requisitions, but they were not 
complied with. The Government could not operate on in- 
dividuals. They had no judiciary, no means of collecting 
revenue. 

But the defects of the Confederation need not be de- 
tailed. Under its operatiou we could scarcely be called a 
nation. We had neither prosperity at home nor consid- 
eration abroad. This state of things could not be endured, 
and our present happy Constitution was formed, but formed 
in vain, if this fatal doctrine prevails. It was formed for 
important objects that are announced in the preamble made 



PROCLAMATION OF ANDREW JACKSON. 85 

in the name and by the authority of the people of the 
United States, whose delegates framed, and whose conven- 
tions approved it. The most important among those ob- 
jects, that which is placed first in rank, on which all others 
rest, is, "to form a more perfect Union." Now, is it pos- 
sible that even if there were no express provision giving 
supremacy to the Constitution and laws of the United 
States — can it be conceived, that an instrument made for 
the purpose of " forming a more perfect Union " than that 
of the Confederation, could be so constructed by the as- 
sembled wisdom of our country as to substitute for that 
Confederation a form of government dependent for its ex- 
istence on the local interest, the party spirit of a State, or 
of a prevailing faction in a State? Every man of plain, 
unsophisticated understanding, who hears the question, will 
give such an answer as will preserve the Union. Meta- 
physical subtlety, in pursuit of an impracticable theory, 
could alone have devised one that is calculated to destroy it. 

I consider, then, the power to annul a law of the United 
States, assumed by one State, incompatible with the exist- 
ence of the Union, contradicted expressly by the letter of 
the Constitution, unauthorized by its spirit, inconsistent 
with every principle on which it was founded, aud destruc- 
tive of the great object for which it was formed. 

After this general view of the leading principle, we must 
examine the particular application of it which is made in 
the ordinance. 

The preamble rests its justification on these grounds: It 
assumes, as a fact, that the obuoxious laws, although they 
purport to be laws for raising revenue, were in reality in- 
tended for the protection of manufactures, which purpose 
it asserts to be unconstitutional ; that the operation of these 
laws is unequal ; that the amount raised by them is greater 
than is required by the wants of the Government; and, 
finally, that the proceeds are to be applied to objects un- 
authorized by the Constitution. These are the only 
causes alleged to justify an open opposition to the laws of 
the- country, and a threat of seceding from the Union, if 
any attempt should be made to enforce them. The first 
virtually acknowledges that the law in question was passed 



8G PROCLAMATION OP ANDREW JACKSON. 

under a power expressly given by the Constitution to lay 
and collect imposts ; but its constitutionality is drawn in 
question from the motives of those who passed it. How- 
ever apparent this purpose may be in the present case, 
nothing can be more dangerous than to admit the position 
that an unconstitutional purpose, entertained by the mem- 
bers who assent to a law enacted under constitutional power, 
shall make the law void : for how is that purpose to be as- 
certained? How often may bad purposes be falsely im- 
puted — in how many cases are they concealed by false pro- 
fessions — in how many is no declaration of motive made? 
Admit this doctrine, and you give to the States an uncon- 
trolled right to decide, and every law may be annulled 
under this pretext. If, therefore, the absurd and danger- 
ous doctrine should be admitted, that a State may annul 
an unconstitutional law, or one that it deems such, it will 
not apply to the present case. 

The next objection is, that the laws in question operate 
unequally. This objection may be made with truth to 
every law that has been or may be passed. The wisdom 
of man never yet contrived a system of taxation that would 
operate with perfect equality. If the unequal operation 
of a law makes it unconstitutional, and if all laws of that 
description may be abrogated by any State for that cause, 
then indeed is the Federal Constitution unworthy the 
slightest effort for its preservation. We have hitherto re- 
lied on it as the perpetual bond of our Union. We have 
received it as the work of the assembled wisdom of the 
nation. We have trusted to it as the sheet anchor of our 
safety in the stormy times of conflict with a foreign or 
domestic foe. We have looked to it with sacred awe as 
the palladium of our liberties, aud with all the solemnities 
of religion have pledged to each other our lives and for- 
tunes here, arid our hopes of happiness hereafter, in its 
defense and support. Were we mistaken, my couutrymen, 
in attaching this importance to the Constitution of our 
country?. Was our devotion paid to the wretched, ineffi- 
cient, clumsy, contrivance which this new doctrine would 
make it? Did we pledge ourselves to the support of an 
airy nothing — a bubble, that must be blown away by the 



PROCLAMATION OP ANDREW JACKSON. 87 

first breath of dissatisfaction ? Was this self-destroying, 
visionary theory, the work of the profound statesmen, the 
exalted patriots, to whom the task of constitutional reform 
was intrusted? Did the name of Washington sanction, 
did the States deliberately ratify such an anamoly iu the 
history of fundamental legislation? No. We were not 
mistaken. The letter of this great instrument is free from 
this radical fault; its language directly contradicts the im- 
putation; its spirit — its evident intent, contradicts it. No, 
we did not err ! Our Constitution does not contain the ab- 
surdity of giving power to make laws, and another power 
to resist them. The sages whose memory will always be 
reverenced, have given us a practical, and, as they hoped, 
a permanent constitutional compact. The Father of his 
Country did not affix his revered name to so palpable an 
absurdity. Nor did the States, when they severally ratified 
it, do so under the impression that a veto on the laws 
of the United States, was reserved to them, or that they 
could exercise it by implication. Search the debates in all 
their conventions, examine the speeches of the most zealous 
opposers of federal authority, look at the amendments that 
were proposed ; they are all silent — not a syllable uttered, 
not a vote given, not a motion made, to correct the explicit 
supremacy given to the laws of the Union over those, of 
the States, or to show that implication, as is now con- 
tended, could defeat it. No, we have not erred ! The 
Constitution is still the object of our reverence, the bond 
of our Union, our defense in danger, the souroe of our 
prosperity iu peace; it shall descend as we received it, un- 
corrupted, by sophistical construction, to our posterity, and 
the sacrifices of local interest, of State prejudices, of per- 
sonal animosities, that were made to bring it into existence, 
will again be patriotically offered for its support. 

The two remaining objections made by the ordinance to 
these laws, are that the sums intended to be raised by them 
are greater than are required, and that the proceeds will be 
unconstitutionally employed. 

The Constitution has given, expressly, to Congress the 
right of raising revenue, and of determining the sum the 
public exigencies will require. The States have no con- 



88 PROCLAMATION OF ANDREW JACKSON. 

trol over the exercise of this right, other than that which 
results from the power of changing the representatives 
who abuse it, and thus procure redress. Congress may, 
undoubtedly, abuse this discretionary power ; but. the 
same may be said of others with which they are vested. 
Yet this discretion must exist somewhere. The Constitu- 
tion has given it to the representatives of all the people, 
checked by the representatives of the States and by the 
executive power. The South Carolina construction gives 
it to the legislature or the convention of a single State, 
where neither the people of the different States, nor the 
States in their separate capacity, nor the chief magistrate 
elected by the people, have any representation. Which is 
the most discreet disposition of the power? I do not ask 
you, fellow-citizens, which is the constitutional disposition; 
that instrument speaks a language not to be misunderstood. 
But if you were assembled in general convention, which 
would you think the safest depository of this discretionary 
power in the last resort? Would you add a clause giving 
it to each of the States, or would you sanction the wise 
provisions already made by your Constitution ? If this 
should be the result of your deliberations when providing 
for the future, are you, can you be ready to risk all that 
we hold dear to establish, for a temporary and a local pur- 
pose, that which you must acknowledge to be destructive, 
and even absurd, as a general provision? Carry out the 
consequences of this right vested in the different States, 
and you must perceive that the crisis your conduct pre- 
sents at this day would recur whenever any law of the 
United States displeased any of the States, and that we 
should soon cease to be a nation. 

The ordinance, with the same knowledge of the future 
that characterizes a former objection, tells you that the 
proceeds of the tax will be unconstitutionally applied. If 
this could be ascertained with certainty, the objection would, 
with more propriety, be reserved for the law so applying 
the proceeds, but surely can not be urged against the laws 
levying the duty. 

These are the allegations contained in the ordinance. Ex- 
amine them seriously, my fellow-citizens; judge for your- 



PROCLAMATION OP ANDREW JACKSON. 89 

selves. I appeal to you to determine whether they are so 
clear, so convincing, as to leave no doubt of their correct- 
ness ; and even if you should come to this conclusion, how 
far they justify the reckless, destructive course which you 
are directed to pursue. Review these objections, and the 
conclusions drawn from them, once more. What are they? 
Every law, then, for raising revenue, according to the South 
Carolina ordinance, may be rightfully annulled, unless it be 
so framed as no law ever will or can be framed. Congress 
has the right to pass laws for raising a revenue, and each 
State has a right to oppose their execution — two rights 
directly opposed to each other ; and yet is this absurdity 
supposed to be contained in an instrument drawn for the 
express purpose of avoiding collisions between the States 
and the General Government, by an assembly of the most 
enlightened statesmen and purest patriots ever embodied 
for a similar purpose. 

In vain have these sages declared that Congress shall have 
power to lay and collect taxes, duties, imposts, and excises; 
in vain have they provided that they shall have power to 
pass laws which shall be necessary and proper to carry those 
powers into execution ; that those laws and that Constitu- 
tion shall be the "supreme law of the land, and that the 
judges in every State shall be bound thereby, any thing in 
the Constitution or laws of any State to the contrary not- 
withstanding." In vain have the people of the several 
States solemnly sanctified these provisions, made them their 
paramount law, and individually sworn to support them 
wheuever they were called on to execute any office. Vain 
provision ! ineffectual restrictions ! vile profanatiou of oaths! 
miserable mockery of legislation ! if the bare majority of 
the voters in any one State may, on a real or supposed 
knowledge of the intent with which a law has been passed, 
declare themselves free from its operation — say here it gives 
too little, there too much, and operates unequally — here it 
suffers articles to be free that ought to be taxed — there it 
taxes those that ought to be free — in this case the proceeds 
are intended to be applied to purposes which we do not ap- 
prove — in that the amount raised is more than is wanted. 
Congress, it is true, is invested by the Constitution with 



90 PROCLAMATION OF ANDREW JACKSON. 

the right of deciding those questions according to their sound 
discretion ; Congress is composed of the representatives of 
all the States, and of all the people of all the States; but 
we, part of the people of one State, to whom the Constitu- 
tion has given no power on the subject, from whom it has 
expressly taken it away — we, who have solemnly agreed 
that this Constitution shall be our law — we, most of whom 
have sworn to support it — we now abrogate this law, and 
swear, and force others to swear that it shall not be obeyed ; 
and we do this, not because Congress have no right to pass 
such laws — this we do not allege — but because they have 
passed them with improper views. They are unconstitu- 
tional from the motives of those who passed them, which 
we can never with certainty know; from their unequal 
operation, although it is impossible, from the nature of 
things, that they should be equal ; and from the disposition 
which we presume may be made of their proceeds, although 
that disposition has not beeu declared. This is the plain 
meaning of the ordinance, in relation to laws which it ab- 
rogates for alleged unconstitutionality. But it does not stop 
there. It repeals, in express terms, an important part of 
the Constitution itself, and of laws passed to give it effect, 
which have uever been alleged to be unconstitutional. The 
Constitution declares that the judicial powers of the United 
States extend to cases arising under the laws of the United 
States; and that such laws, the Constitution and treaties, 
shall be paramount to the State Constitutions and laws. The 
judiciary act prescribes the mode by which the case may 
be brought before a court of the United States by appeal, 
when a State tribunal shall decide agaiust this provision of 
the Constitution. The ordinance declares that there shall 
be no appeal, makes the State law paramount to the Con- 
stitution and laws of the United States, forces judges and 
jurors to swear that they will disregard their provisions, 
and even makes it penal iu a suit to attempt relief by appeal. 
It further declares that it shall not he lawful for the author- 
ities of the Uuited States, or of that State, to enforce the 
payment of duties imposed by the revenue laws within its 
limits. 

Here is a law of the United States, not even pretended 



PROCLAMATION OP ANDREW JACKSON. 91 

to bo unconstitutional, repealed by tbe autbority of a small 
majority of the voters of a single State. Here is a provis- 
ion of the Constitution, which is solemnly abrogated by the 
same authority. 

On such expositions and reasonings, the ordinance grounds 
not only an assertion of the right to annul the laws, of 
which it complains, but to enforce it by a threat of seceding 
from the Union, if any attempt is made to execute tl -m. 

This right to secede is deduced from the nature of the 
Constitution, which they say is a compact between sovereign 
States, who have preserved their whole sovereignty, and 
therefore are subject to no superior ; that because they made 
the compact, they can break it, when, in their opinion, it 
has been departed from by other States. Fallacious as this 
course of reasoning is, it enlists State pride, and finds ad- 
vocates in the honest prejudices of those who have not 
studied the nature of our government sufficiently to see the 
radical error on which it rests. 

The people of the United States formed the Constitu- 
tion, acting through the State Legislatures in forming the 
compact, to meet and discuss its provisions, and acting in 
separate conventions when they ratified those provisions; 
but the terms used in its construction show it to be a gov- 
ernment in which the people of all the States collectively 
are represented. We are one people in the choice of Pres- 
ident and Vice-President. Here tho. States have no other 
agency than to direct the mode in which the votes shall 
be given. The candidates having a majority of all the 
votes are chosen. The electors of a majority of States 
may have given their votes for one candidate, and yet 
another may be chosen. The people, then, and not the 
States, are represented in the executive branch. 

In the House of Representatives there is this differ- 
ence: that the people of one State do not, as in the case 
of President and Vice-President, all vote for the same 
officers. The people of all the States do not vote for all 
the members, each State electing only its own Represent- 
atives. Bat this creates no national distinction. When 
chosen, they are all Representatives of the United States, 
not representatives of the particular State from whence 



92 PROCLAMATION OP ANDREW JACKSON. 

they come. They are paid by the United States, not by 
the State; nor are they accountable to it for any act done 
in the performance of their legislative functions ; and how- 
ever they may, in practice, as it is their duty to do, con- 
sult and prefer the interests of their particular constituents, 
•when they come in conflict with any other partial or local 
interest, yet it is the first and highest duty of a Repre- 
sentative of the United States to promote the general 
good. 

The Constitution of the United States, then, forms a 
government, not a league; and whether it be formed by 
compact between the States, or in any other manner, its 
character is the same. It is a government in which all 
the people are represented, which operates directly on the 
people individually, not upon the States; they retained 
all the power they did not grant. But each State having 
expressly parted with so many powers, as to constitute 
jointly with the other States a single nation, can not, from 
that period, possess any right to secede, because such se- 
cession does not break a league, but destroys the unity of 
a nation ; and any injury to that unity is not only a breach, 
which would result from the contravention of a compact, 
but it is an offense against the whole Union. To say that 
any State may at pleasure secede from the Union, is to 
say that the United States are not a nation ; because it 
would be a solecism to contend, that any part of a nation 
might dissolve its connection with the other parts, to their 
injury or ruin, without committing any offense. Secession, 
like any other revolutionary act, may be morally justified 
by the extremity of oppression ; but to call it a constitu- 
tional right is confounding the meaning of the terms; and 
can only be doue through gross error, or to deceive those 
who are willing to assert a right, but would pause before 
they made a revolution, or incur the penalties consequent 
on a failure. 

Because the Union was formed by compact, it is said 
the parties to that compact may, when they feel them- 
selves aggrieved, depart from it ; but it is precisely be- 
cause it is a compact that they chq not. A compact is an 
agreement or binding obli^atioa. It may, by its terms, 



PROCLAMATION OF ANDREW JACKSON. 93 

have a sanction or penalty for its breach, or it may not. 
If it contains no sanction, it may be broken, with no other 
consequences than moral guilt; if it have a sanction, then 
the breach incurs the designated or implied penalty. A 
league between independent nations generally has no sanc- 
tion other than a moral one ; or, if it should contain a 
penalty, as there is no common superior, it can not be 
euforced. A government, on the contrary, always has a 
sanction, express or implied ; and, in our case, it is both 
necessarily implied and expressly given. An attempt, by 
force of arms, to destroy a government, is an offense, by 
whatever means the constitutional compact may have been 
formed ; and such government has the right, by the law 
of self-defense, to pass acts for punishing the offender, 
unless that right is modified, restrained, or resumed by 
the c6nstitutional act. In our system, although it is mod- 
ified in the case'of treason, yet authority is expressly given 
to pass all laws necessary to carry its powers into effect ; 
and, under this grant, provision has beeen made for pun- 
ishing acts which obstruct the due administration of the 
laws. 

It would seem superfluous to add any thing to show the 
nature of that Union which connects us; but as erroneous 
opinions on this subject are the foundation of doctrines 
the most destructive to our peace, I must give further de- 
velopment to my views on this subject. No one, fellow- 
citizens, has a higher reverence for the reserved rights of 
the States than the magistrate who now addresses you; no 
one would make greater personal sacrifices or official exer- 
tion to defend them from violation ; but equal care must 
be taken to prevent, on their part, an improper interfer- 
ence with, or resumption of, .the rights they have vested 
in the nation. The line has not been so distinctly drawn 
as to avoid doubts, in some cases, of the exercise of power. 
Men of the best intentions and soundest views may differ 
in their construction of some parts of the Constitution ; 
but there are others on which dispassionate reflection can 
leave no doubt. Of this nature appears to be the assumed 
right of secession. It rests, as we have seeu, on the al- 
leged undivided sovereignty of the States, and on their 



94 PROCLAMATION OF ANDREW JACKSON. 

having formed, in this sovereign capacity, a compact, which 
is called the Constitution, from which, hecaaise they made 
it, they have the right to secede. Both of these positions 
are erroneous, and some of the arguments to prove them 
so have been anticipated. 

The States severally have not retained their entire sov- 
ereignty. It has been shown that, in becoming parts of 
a nation, not members of a league, they surrendered many 
of their essential parts of sovereignty. The right to make 
treaties, declare war, levy taxes, exercise exclusive judicial 
and legislative powers, were, all of them, functions of sov- 
ereign power. The States, then, for all these purposes, 
were no longer sovereign. The allegiance of their citi 
zens was transferred, in the first instance, to the Govern- 
ment of the United States ; they became American citi- 
zens, and owed obedience to the Constitution of the United 
States, and to laws made in conformity with the powers it 
vested in Congress. This last position has not been, and 
can not be, denied. How, then, can that State be said to 
be sovereign and independent whose citizens owe obedience 
to laws not made by it, aud whose magistrates are sworn 
to disregard those laws when they come in conflict with 
those passed by another? What shows conclusively that 
the States can not be said to have reserved an undivided 
sovereignty is, that they expressly ceded the right to pun- 
ish treason — not treason against their separate power, but 
treason against the United States. Treason is an offense 
against sovereignty, and sovereignty must reside with the 
power to punish it. But the reserved rights of the States 
are not less sacred because they have, for their common 
interest, made the Geueral Government the depository of 
these powers. 

The unity of our political character (as has been shown 
for another purpose) commenced with its very existence. 
Under the royal government we had no separate charac- 
ter ; our opposition to its oppressions began as united col- 
onics. We were the United States, under the Confederation, 
and the name was perpetuated, and the Union rendered more 
perfect by the Federal Constitution. In none of these stages 
did we consider ourselves in any other light than as form- 



PROCLAMATION OP ANDREW JACKSON. 95 

ing one nation. Treaties and alliances were made in the 
name of all. Troops were raised for the joint defense. 
How, then, with all these proofs, that, under all changes 
of our position, we had, for designated purposes, and with 
defined powers, created national governments; how is it 
that the most perfect of those several modes of union 
should now be considered as a mere league, that may be 
dissolved at pleasure? It is from an abuse of terms. 
"Compact" is used as synonymous with "league," al- 
though the true term is not employed, because it would 
at once show the fallacy of the reasoning. It would not 
do to say that our Constitution was only a league; but it 
is labored to prove it a compact (which in one sense it is), 
and then to argue that, as a league is a compact, every 
compact between nations must, of course, be a league, and 
that from such an engagement every sovereign power has 
a right to recede. But it has been shown that, in this 
sense, the States are not sovereign, and that even if they 
were, and the national Constitution had been formed by 
compact, there would be no right in any one State to ex- 
onerate itself from its obligations. 

So obvious are the reasons which forbid this secession, 
that it is necessary only to allude to them. The Union 
was formed for the benefit of all. It was produced by 
mutual sacrifices of interests and opinions. Can those 
sacrifices be recalled? Can the States, who magnanimously 
surrender their title to the territories in the West, recall 
the grant? Will the inhabitants of the inland States agree 
to pay the duties that may be imposed, without their as- 
sent, by those on the Atlantic or the Gulf for their own 
benefit? Shall there be a free port in one State, and on- 
erous duties in another? No one believes that any right 
exists, in a single State, to involve the others in these and 
countless other evils contrary to the engagements solemnly 
made. Every one must see that the other States, in self- 
defense, must oppose it, at all hazards. 

These are the alternatives that are presented by the 
convention : A repeal of all the acts for raising revenue, 
leaving the Government without the means of support, or 
an acquiescence in the dissolution of our Union by the 



96 PROCLAMATION OP ANDREW JACKSON. 

secession of one of its members. When the first was pro- 
posed, it was known that it could not be listened to for a 
moment. It was known, if force was applied to oppose 
the execution of the laws, that it must be impelled by 
force ; that Congress could not, without involving itself 
in disgrace and the country in ruin, accede to the propo- 
sition ; and yet, if this is not done on a given day, or if 
any attempt is made to execute the laws, the State is, by 
the ordinance, declared to be out of the Union. The ma- 
jority of a convention, assembled for the purpose, have 
dictated these terms, or rather this rejection of all terms, 
in the name of the people of South Carolina. It is true 
that the Governor of the State speaks of the submission 
of their grievances to a convention of all the States, which, 
he says, they "sincerely and anxiously seek and desire." 
Yet this obvious and constitutional mode of obtaining the 
sense of the other States, on the construction of the Fed- 
ral compact, and amending it if necessary, has never been 
attempted by those who have urged the State on to this 
destructive measure. The State might have proposed to 
call for a general convention of the other States; and 
Congress, if a sufficient number of them concurred, must 
have called it. But the first magistrate of South Carolina, 
when he expressed a hope that, " on a review by Congress 
and the functionaries of the General Government of the 
merits of the controversy," such a convention will be ac- 
corded to them, must have known that neither Congress, 
nor any functionary of the General Government, has au- 
thority to call such a convention, unless it be demanded 
by two-thirds of the States. This suggestion, then, is 
another instance of the reckless inattention to the pro- 
visions of the Constitution with which this crisis has been 
madly hurried on ; or of the attempt to persuade the peo- 
ple that a constitutional remedy has been sought and re- 
fused. If the Legislature of South Carolina " anxiously 
desire" a general convention to consider their complaints, 
why have they not made application for it in the way the 
Constitution points out? The assertion that they "earn- 
estly seek" it is completely negatived by the omission. 
This, then, is the position in which we stand. A small 



PROCLAMATION OF ANDREW JACKSON. 97 

majority of the citizens of one State in the Union have 
elected delegates to a State convention; that convention 
has ordained that all the revenue laws of the United States 
must be repealed, or that they are no longer a member of 
this Union. The Governor of that State has recommended 
to the Legislature the raising of an army to carry the seces- 
sion into effect, and that he may be empowered to give 
clearances to vessels in the name of the State. No act of 
violent opposition to the laws has yet been committed, but 
such a state of things is hourly apprehended ; and it is the 
intent of this instrument to proclaim, not only that the duty 
imposed on me by the Constitution "to take care that the 
laws be faithfully executed," shall be performed to the ex- 
tent of the powers already vested in me by law, or of such 
others as the wisdom of Congr-ess shall devise and intrust 
to me for that purpose, but to warn the citizens of South 
Carolina, who have been deluded into an opposition to the 
laws, of the danger they will incur by obedience to the 
illegal and disorganizing ordinance of the convention ; to 
exhort those who have refused to support it to persevere 
in their determination to uphold the Constitution and laws 
of their country ; and to point out to all the perilous situ- 
ation into which the good people of that State have been 
led, and that the course they are urged to pursue is one 
of ruin and disgrace to the very State whose rights they 
affect to support. 

Fellow-citizens of my native State, let me not only ad- 
monish you, as the First Magistrate of our common coun- 
try, not to incur the penalty of its laws, but use the influ- 
ence that a father would over his children whom he saw 
rushing to certain ruin. In that paternal language, with 
that paternal feeling, let me tell you, my countrymen, that 
you are deluded by men who are either deceived them- 
selves, or wish to deceive you. Mark under what pretenses 
you have been led on to the brink of insurrection and trea- 
son, and on which you stand ! First, a diminution of the 
value of your staple commodity, lowered by over-produc- 
tion in other quarters, and the consequent diminution in 
the value of your lauds, were the sole effect of the tariff 
lawa. 

9 



98 PROCLAMATION OF ANDREW JACKSON. 

The effect of those laws was confessedly injurious, but 
the evil was greatly exaggerated by the unfounded theory 
you were taught to believe, that its burdens were in pro- 
portion to your exports, not to your consumption of im- 
ported articles. Your pride was roused by the assertion 
that a submission to those laws was a state of vassalage, 
and that resistance to them was equal, in patriotic merit, 
to the opposition our fathers offered to the oppressive laws 
of Great Britain. You were told that this opposition 
might be peaceably — might be constitutionally made; that 
you might enjoy all the advantages of the Union, and bear 
none of its burdens. Eloquent appeals to your passions, 
to your State pride, to your native courage, to your sense 
of real injury, were used, to prepare you for the period 
when the mask, which concealed the hideous features of 
disunion, should be taken off. It fell, and you were made 
to look with complacency on objects which, not long since, 
you would have regarded with horror. Look back to the 
arts which have brought you to this stale — look forward 
to the consequences to which it must inevitably lead! Look 
back to what was first told you as an inducement to enter 
into this dangerous course. The great political truth was 
repeated to you, that you had the revolutionary right of 
resisting all laws that were palpably unconstitutional and 
intolerably oppressive; it was added that the right to nul- 
lify a law rested on the same principle, but that it was a 
peaceable remedy ! This character which was given to it, 
made you receive, with too much confidence, the assertions 
that were made of the unconstitutionality of the law and 
its oppressive effects. Mark, my fellow-citizens, that, by 
the admission of your leaders, the unconstitutionality must 
bo palpable, or it will not justify either resistance or nulli- 
fication ! What is the meaning of the word palpable., in 
the sense in which it is here used? that which is appa- 
rent to every one; that which no man of ordinary intellect 
will fail to perceive. Is the unconstitutionality of these 
laws of that description? Let those among your leaders 
who once approved and advocated the principle of protective 
duties, answer the question ; and let them choose whether 
they will be oousidored as incapable, then, of perceiving 



PROCLAMATION OF ANDREW JACKSON. 99 

that which must have been apparent to every man of com- 
mon understanding, or as imposing on your confidence, and 
endeavoring to mislead you now. In either case, they are 
unsafe guides in the perilous path they urge you to tread. 
Ponder well on this circumstance, and you will know how 
to appreciate the exaggerated language they address to you. 
They are not champions of liberty, emulating the fame of 
our revolutionary fathers ; nor are you an oppressed people, 
contending, as they repeat to you, against worse than colo- 
nial vassalage. 

You are free members of a flourishing and happy Union. 
There is no settled design to oppress you. You have, in- 
deed, felt the unequal operation of laws which may have 
been unwisely, not unconstitutionally passed; but that in- 
equality must necessarily be removed. At the very mo- 
ment when you were madly urged on to the unfortunate 
course you have begun, a change in public opinion had 
commenced. The nearly approaching payment of the pub- 
lic debt, and the consequent necessity of a diminution of 
duties, had already produced a considerable reduction, and 
that, too, on some articles of general consumption in your 
State. The importance of this change was underrated, and 
you are authoritatively told that no further alleviation of 
your burdens were to be expected at the very time when 
the condition of the country imperiously demanded such a 
modification of the duties as should reduce them to a just 
and equitable scale. But, as if apprehensive of the effect 
of this change in allaying your discontents, you were pre- 
cipitated into the fearful state in which you now find your- 
selves. 

I have urged you to look back to the means that were 
used to hurry you on to the position you have now as- 
sumed, and forward to the consequences it will produce. 
Something more is necessary. Contemplate the condition 
of that country of which you still form an important part. 
Consider its Government, uniting in one bond of common 
interest and general protection so many different States — 
giving to all their inhabitants the proud title of American 
citizens; protecting their commerce; securiug their litera- 
ture and their arts; facilitating their intercommunication; 



100 PROCLAMATION OF ANDREW JACKSON. 

defending their frontiers, and making their names respected 
in the remotest parts of the earth. Consider the extent of 
its territory; its increasing and happy population; its ad- 
vance in arts, which render life agreeable; and the sciences, 
which elevate the mind ! See education spreading the lights 
of religion, morality, and general information into every 
cottage in this wide extent of our Territories and States ! 
Behold it as the asylum where the wretched and the op- 
pressed find a refuge and support! Look on this picture 
of happiness and honor, and say: " We, too, are citizens of 
Avierical Carolina is one of these proud States — her arms 
have defended — her best blood has cemented this happy 
Union ! " And then add, if you can, without horror and 
remorse, " this happy Union we will dissolve ; this picture 
of peace and prosperity we will deface ; this free intercourse 
we will interrupt; these fertile fields we will deluge with 
blood ; the protection of that glorious flag we renounce ; 
the very name of Americans we discard." And for what, 
mistaken men — for 'what do you throw away these inesti- 
mable blessings? for what would you exchange your share 
in the advantages and honor of the Union? For the dream 
of separate independence — a dream interrupted by bloody 
conflicts with your neighbors, aud a vile dependence on a 
foreign power. If your leaders could succeed in establish- 
ing a separation, what would be your situation? Are you 
united at home — are you free from the apprehension of 
civil discord, with all its fearful consequences? Do our 
neighboring republics, every day suffering some new revo- 
lution, or contending with some. new insurrection — do they 
excite your envy ? But the dictates of a high duty obliges 
me solemnly to announce that you can not succeed. The 
laws of the United States must be executed. I have no 
discretionary power on the subject — my duty is emphatic- 
ally pronounced in the Constitution. Those who told you 
that you might peaceably prevent their execution, deceived 
you — they could not have been deceived themselves. They 
know that a forcible opposition could alone prevent the ex- 
ecution of the laws, aud they know that such opposition 
must be repelled. Their object is disunion; but be not 
deceived by names; disunion, by armed force, is treason. 



PROCLAMATION OP ANDREW JACKSON. 101 

Are you really ready to incur its guilt? If you are, on 
the heads of the instigators of the act be the dreadful con- 
sequences — on their heads be the dishonor, but on yours 
may fall the puuishment; on your unhappy State will in- 
evitably fall all the evils of the conflict you force upon the 
government of your country. It can not accede to the mad 
project of disunion, of which you would be the first vic- 
tims — its First Magistrate can not, if he would, avoid the 
performance of his duty ; the consequences must be fearful 
to you, distressing to your fellow-citizens here, and to the 
friends of good government throughout the world. Its 
enemies have beheld our prosperity with a vexation they 
could not conceal — it was a standing refutation of their 
slavish doctrines, and they will point to our discord with 
the triumph of malignant joy. It is yet in your power to 
disappoint them. There is yet time to show that the de- 
scendants of the Pinckueys, the Sumters, the Rutledges, 
and of the thousand other names, which adorn the pages 
of your revolutionary history, will not abandon that Union, 
to support which so many of them fought, and bled, and 
died. 

I adjure you, as you honor their memory — as you love 
the cause of freedom, to which they dedicated their lives — 
as you prize the peace of your country, the lives of its best 
citizens, and your own fair fame, to retrace your steps. 
Snatch from the archives of your State the disorganizing 
edict of its convention — bid its members to re-assemble, 
and promulgate the decided expressions of your will to 
remain in the path which alone can conduct you to safety, 
prosperity, and honor. Tell them that, compared to dis- 
union, all other evils are light, because that brings with it 
an accumulation of all. Declare that you will never take 
the field unless the star-spangled banner of your country 
6hall float over you; that you will not be stigmatized when 
dead, and dishonored and scorned while you live, as the 
authors of the first attack on the Constitution of your 
country. Its destroyers you can not be. You may dis- 
turb its peace — you may interrupt the course of its pros- 
perity — you may cloud its reputation for stability ; but its 
tranquility will be restored, its prosperity w? 11 return, and 



10H PROCLAMATION OP ANDREW JACKSON. 

the stain upon its national character will be transferred, 
and remain an eternal blot on the memory of those who 
caused the disorder. 

Fellow-citizens of the United States! The threat of unhal- 
lowed disunion — the names of those once respected, by whom 
it is uttered — the array of military force to support it — de- 
notes the approach of a crisis in our affairs, on which the 
continuance of our unexampled prosperity, our political ex- 
istence, and perhaps that of all free governments, may de- 
pend. The conjuncture demanded a free, a full, and explicit 
enunciation, not only of my intentions, but of my principles 
of action : and as the claim was asserted of a right by a 
State to annul the laws of the Union, and even to secede 
from it at pleasure, a frank exposition of my opinions in re- 
lation to the origin and form of our government, and the 
construction I give to the instrument by which it was cre- 
ated, seemed to be proper. Having the fullest confidence 
in the justness of the legal and constitutional opinion of my 
duties, which has been expressed, I rely, with equal confi- 
dence, on your undivided support in my determination to 
execute the laws — to preserve the Union by all constitution- 
al means — to arrest, if possible, by moderate but firm meas- 
ures, the necessity of a recourse to force; and, if it be the 
will of Heaven, that the recurrence of its primeval curse on 
man for the sheddiug of a brother's blood should fall upon 
our land, that it be not called down by any offensive act on 
the part of the United States. 

Fellow-citizens ! the momentous case is before you. On 
your undivided support of your Government depends the de- 
cision of* the great question it involves, whether your sacred 
Union will be preserved, and the blessings it secures to us 
as one people shall be perpetuated. No one can doubt that 
the unanimity with which that decision will be expressed, 
will be such as to inspire new confidence in republican in- 
stitutions, and that the prudence, the wisdom, and the cour- 
age which it will bring to their defense will transmit them 
unimpaired and invigorated to our children. 

May the Great Ruler of Nations grant that the signal 
blessings with which He has favored ours, may not, by the 
madness of party or personal ambition, be disregarded and 



PROCLAMATION OP ANDREW JACKSON. 103 

lost ; and may His wise providence bring those who have 
produced this crisis to see their folly, before they feel the 
misery of civil strife, and inspire a returning veneration 
for that Union, which, if we may dare to penetrate His 
designs, He has chosen as the only means of attaining the 
high destinies to which we may reasonably aspire. 

In testimony whereof, I have caused the seal of the 
United States to be hereunto affixed, having signed the same 
with my hand. 

Done at the city of Washington, this 10th day of De- 
cember, in the year of our Lord one thousand eight hundred 
and thirty-two, and of the Independence of the United States 
the fifty-seventh. 

By the President: Andrew Jackson. 

Edwd. Livingston, Secretary of State. 



FUGITIVE SLAVE LAW OF 1850. 



An Act to amend, and supplementary to, the Act entitled, "Aa Act 
respecting Fugitives from Justice, and persons escaping from the 
Service of their Masters," and approved February 12, 1793. 

Be it enacted by the Senate and House of Representatives 
of the United States of America in Congress assembled, That 
the persons who have been, or may hereafter be, appointed 
Commissioners, in virtue of any Act of Congress, by the 
Circuit Courts of the United States, and who, in conse- 
quence of such appointment, are authorized to exercise 
the powers that any justice of the peace, or other magis- 
trate of any of the United States, may exercise in respect 
to offenders for any crime or offense against the United 
States, by arresting, imprisoning, or bailing Lhe same, un- 
der, and by virtue of, the thirty-third section of the act 
of the twenty-fourth of September, seventeen hundred and 
eighty-nine, entitled, "An Act to establish the judicial 
courts of the United States," shall be, and are hereby, 
authorized and required to exercise and discharge all the 
powers and duties conferred by this Act. 

Sec. 2. That the Superior Court of each organized Ter- 
ritory of the United States shall have the same power to 
appoint Commissioners to take acknowledgments of bail 
and affidavits, and to take depositions of witnesses in civil 
causes, which is now possessed by the Circuit Court of the 
United States; and all Commissioners who shall hereafter 
be appointed for such purposes by the Superior Court of 
auy organized Territory of the United States shall possess 
all the powers, and exercise all the duties, conferred by law 
upon the Commissioners appointed by the Circuit Courts 
of the United States for similar purposes, and shall more- 
over exercise and discharge all the powers and duties con- 
ferred by this Act. 

Sec. 3. That the Circuit Courts of the United States, 

104 



FUGITIVE SLAVE LAW. 105 

and the Superior Courts of each organized territory of the 
United States, shall, from time to time, enlarge the num- 
ber of Commissioners with a view to afford reasonable fa- 
cilities to reclaim fugitives from labor, and to the prompt 
discbarge of the duties imposed by this Act. 

Sec. 4. That the Commissioners above named shall have 
concurrent jurisdiction with the Judges of the Circuit and 
District Courts of the United States, in their respective 
circuits and districts within the several States, and tbe 
Judges of the Superior Courts of the territories severally 
aud collectively, in term time and vacation ; and sball 
grant certificates to such claimants, upon satisfactory 
proof being made, with authority to take and remove 
such fugitives from service or labor, under the restrictions 
herein contained, to the State or Territory from which 
such persons may have escaped or fled. 

Sec. 5. That it shall be the duty of all marshals and 
deputy marshals to obey and execute all warrants and pre- 
cepts issued under the provisions of this act when to them 
directed ; and should any marshal or deputy marshal re- 
fuse to receive such warrant, or other process, when ten- 
dered, or to use all proper means diligently to execute the 
same, he shall, on conviction thereof, be fined in the sum 
of one thousand dollars, to the use of such claimant, on 
the motion of such claimant, by the Circuit or District 
Court for the district of such marshal ; and after the arrest 
of such fugitive, by such marshal or his deputy, or while 
at any time in his custody, under the provisions of this 
act, should such fugitive escape, whether with or without 
the assent of such marshal or his deputy, such marshal 
shall be liable, on his official bond, to be prosecuted, for 
the benefit of such claimant, for the full value of the serv- 
ice or labor of said fugitive in the State, Territory, or dis- 
trict whence he escaped; and, the better to ennble said 
Commissioners, when thus appointed, to execute their du- 
ties faithfully and efficiently, iu conformity with the re- 
quirements of the Constitution of the United States, aud 
of this Act, they are hereby authorized and empowered, 
within their counties respectively, to appoint, in writing 
under their hands, any one or more suitable persons, from 



106 FUGITIVE SLAVE LAW. 

time to time, to execute all such warrants and other pro 
cess as may be issued by them in the lawful performance 
of their respective duties ; with authority to such Com- 
missioners, or the persons to be appointed by them, to exe- 
cute process as aforesaid, to summon and call to their aid 
the bystanders, or jwsse commitatus of the proper county, 
when necessary to insure a faithful observance of the clause 
of the Constitution referred to, iu conformity with the pro- 
visions of this Act; and all good citizens are commanded to 
aid and assist in the prompt and efficient execution of this 
law whenever their services may be required, as aforesaid, 
for that purpose ; and said warrants shall run, and be ex- 
ecuted by said officers, anywhere in the State within which 
they are issued. 

Sec. 6. That when a person held to service or labor in 
any State or Territory of the United States has heretofore 
or shall hereafter escape into another State or Territory 
of the United States, the person or persons to whom such 
service or labor may be due, or his, her, or their agent or 
attorney, duly authorized by power of attorney, in writing 
acknowledged and certified under the seal of some legal 
officer or Court of the State or Territory in which the 
same may be executed, may pursue and reclaim such fu- 
gitive person, either by procuring a warrant from some 
one of the Courts, Judges, or Commissioners aforesaid, of 
the proper circuit, district, or county, for the apprehen- 
sion of such fugitive from service or labor, or by seizing 
and arresting such fugitive where the same can be done 
without process, and by taking or causing such person to 
be taken forthwith before such Court, Judge, or Commis- 
sioner, whose duty it shall be to hear and determine the 
case of such claimant in a summary manner; and, upon 
satisfactory proof being made, by deposition or affidavit in 
writing, to be taken and certified by such Court, Judge, 
or Commissioner, or by other satisfactory testimony, duly 
taken and certified by some Court, Magistrate, Justice of 
the Peace, or other legal officer authorized to administer 
au oath and take depositions under the laws of the State 
5>r Territory from which such person owing service or la- 
bor may have escaped, with a certificate of such magis- 



FUGITIVE SLAVE LAW. 107 

tracy, or other authority as aforesaid, with the seal of the 
proper Court or officer thereto attached, which seal shall 
he sufficient to establish the competency of the proof, and 
with proof, also by affidavit, of the identity of the person 
whose service or labor is claimed to be due as aforesaid, 
that the persou so arrested does in fact owe service or la- 
bor to the person or persons claiming him or her, in the 
State or Territory from which such fugitive may have es- 
caped as aforesaid, and that said person escaped, to make 
out and deliver to said claimant, his or her agent or attor- 
ney, a certificate setting forth the substantial facts as to 
the service or labor due from such fugitive to the claim- 
ant, and of his or her escape from the State or Territory 
in which such " service or labor was due to the State or 
Territory in which he or she was arrested, with authority 
to such claimant, or his or her agent or attorney, to use 
such reasonable force and restraint as may be necessary, 
under the circumstances of the case, to take and remove 
such fugitive person back to the State or Territory whence 
he or she may have escaped as aforesaid. In no trial or 
hearing under this Act shall the testimony of such alleged 
fugitive be admitted in evidence; and the certificates in this 
and the first [fourth] section mentioned shall be conclusive 
of the right of the person or persons in whose favor granted 
to remove such fugitive to the State or Territory from which 
he escaped, and shall prevent all molestation of such person 
or persons by any process issued by any Co.urt, Judge, Mag- 
istrate, or other person whomsoever. 

Sec. 7. That any person who shall knowingly and will- 
ingly obstruct, hinder, or prevent such claimant, his agent 
or attorney, or any person or persons lawfully assisting him, 
her, or them, from- arresting such a fugitive from service or 
labor, either with or without process as aforesaid, or shall 
rescue or attempt to rescue such fugitive from service or 
labor from the custody of such claimant, his or her agent 
or attorney, or other person or persons lawfully assisting 
as aforesaid, when so arrested pursuant to the authority 
herein given and declared, or shall aid, abet, or assist such 
person so owing service or labor as aforesaid, directly or 
indirectly to escane from such claimant, his agent or at- 



108 FUGITIVE SLAVE LAW. 

torney, or other person or persons legally authorized as 
aforesaid ; or shall harbor or conceal such fugitive so as to 
prevent the discovery and arrest of such person, after no- 
tice or knowledge of the fact that such person was a fugi- 
tive from service or labor as aforesaid, shall, for either of 
said offenses, be subject to a fine not exceeding one thou- 
sand dollars, and imprisonment not exceeding six mouths, 
by indictment and conviction before the District Court of 
the United States for the district in which such offense 
may have been committed, or before the proper court of 
criminal jurisdiction, if committed within any one of the 
organized Territories of the United States, and shall more- 
over forfeit and pay, by way of civil damages to the party 
injured by such illegal conduct, the sum of one thousand 
dollars for each fugitive so lost as aforesaid, to be recov- 
ered as aforesaid, to be recovered by action of debt in any 
of the District or Territorial Courts aforesaid, within whose 
jurisdiction the said offense may have been committed. 

Sec. 8. That the marshals, their deputies, and the clerks 
of the said District and Territorial Courts, shall be paid for 
their services the like fees as may be allowed to them for 
similar services in other cases; and where such services are 
rendered exclusively in the arrest, custody, and delivery of 
the fugitive to the claimant, his or her agent or attorney, 
or where such supposed fugitive may be discharged out of 
custody for the want of sufficient proof as aforesaid, then 
such fees are to be paid in the whole by such claimant, his 
agent or attorney ; and in all cases where the proceedings 
are before a Commissioner, he shall be entitled to a fee of 
ten dollars in full for his services in each case, upon the 
delivery of the said certificate to the claimant, his or her 
agent or attorney; or a fee of five dollars in cases where 
the proof shall not, in the opinion of such Commissioner, 
warrant such certificate and delivery, inclusive of all serv- 
ices incident to such arrest and examination, to be paid in 
either case by the claimant, his or her agent or attorney. 
The person or persons authorized to execute the process 
to be issued by such Commissioner for the arrest and de- 
tention of fugitives from service or labor as aforesaid shall 
also be entitled to a fee of five dollars each for each per- 



FUGITIVE SLAVE LAW. 109 

son he or they may arrest and take before any such Com- 
missioner, as aforesaid, at the instance and request of such 
claimant, with such other fees as may be deemed reason- 
able by such Commissioners for such other additional serv 
ices as may be necessarily performed by him or them, such 
as attending at the examination, keeping the fugitive in 
custody, providing him with food and lodging during his 
detention and until the final determination of such Com- 
missioner; and, in general, for performing such other du- 
ties as may be required by such claimant, his or her attor- 
ney or agent, or Commissioner in the premises. Such fees 
to be made up in conformity with the fees usually charged 
by the officers of the courts of justice within the proper 
district or county, as near as may be practicable, and paid 
by such claimants, their agents or attorneys, whether such 
supposed fugitives from service or labor be ordered to be 
delivered to such claimants by the final determination of 
such Commissioner or not. 

Sec. 9. That, upon affidavit made by the claimant of 
such fugitive, his agent or attorney, after such certificate 
has been issued, that he has reason to apprehend that such 
fugitive will be rescued by force from his or her posses- 
sion before he can be taken beyond the limits of the State 
in which the arrest is made, it shall be the duty of the 
officer making the arrest to retain such fugitive in his cus- 
tody, and to remove him to the State whence he fled, and 
there to deliver him to said claimant, his agent or attor- 
ney. And, to this end, the officer aforesaid is hereby au- 
thorized and required to employ so many persons as he 
may deem necessary to overcome such force, and to retain 
tliem in his service so long as circumstances may require. 
The said officer and his assistants, while so employed, to 
receive the same compensation and to be allowed the same 
expenses as are now allowed by law for transportation of 
criminals, to be certified by the Judge of the district within 
which the arrest is made, and paid out of the treasury of 
the United States. 

Sec. 10. That when any person held to service or la- 
bor in any State or Territory, or in the District of Colum- 
bia, shall escape therefrom, the party to whom such service 



110 FUGITIVE SLAVE LAW. 

or labor may be due, his, her, or their agent or attorney, 
may apply to any court of record therein, or Judge 
thereof in vacation, and make satisfactory proof to such 
court, or Judge in vacation, of the escape aforesaid, and 
that the person escaping owed service or labor to such 
party. "Whereupon the court shall cause a record to be 
made of the matters so proved, and also a general descrip 
tion of the person so escaping, with such convenient cer- 
tainty as may be ; and a transcript of such record authen- 
ticated by the attestation of the clerk and of the seal of 
the said court, being produced in any other State, Territory, 
or District in which the person so escaping may be found, 
and, being exhibited to any Judge, Commissioner, or other 
officer authorized by the law of the United States to cause 
persons escaping from service or labor to be delivered up, 
shall be held and taken to be full and conclusive evidence 
of the fact of the escape, and that the service or labor of 
the person escaping is due to the party in such record 
mentioned. And upon the production, by the said party, 
of other and further evidence, if necessary, either oral or 
by affidavit, in addition to what is contained in the said 
record of the identity of the person escaping, he or she 
shall be delivered up to the claimant. And the said Court, 
Commissioner, Judge, or other person authorized by this 
Act to grant certificates to claimants of fugitives, shall, 
upon the production of the record and other evidences 
aforesaid, grant to such claimant a certificate of his right 
to take any fuch person identified and -proved to be owing 
service or labor as aforesaid, which shall authorize such 
claimant to seize or arrest and trausport such person to the 
State or Territory from which he escaped : Provided, That 
nothing herein contained shall be construed as requiring 
the production of a transcript of such record as evidence 
as aforesaid. But, in its absence, the claim shall be heard 
and determined upon other satisfactory proofs competent 
in law. 

Approved September 18, 1850. 

[The above law was repealed by the 38th Congress, 1864.] 



KANSAS AND NEBRASKA TERRITORIAL 
ACT OF 1854. 



An Act to Organize the Territories of Nebraska and Kansas. 

Be it enacted by the Senate and House of Representative* 
of the United States of America in Qmgress assembled, That 
all that part of the territory of the United States included 
within the following limits, except such portions thereof 
as are hereinafter expressly exempted from the operations 
of this Act, to wit: beginning at a point on the Missouri 
River where the fortieth parallel of north latitude crosses 
the same; thence west on said parallel to the east boundary 
of the Territory of Utah on the summit of the Rocky 
Mountains; theuce on said summit northward to the forty- 
ninth parallel of uorth latitude; thence east on said parallel 
to the western boundary of the Territory of Minnesota ; 
thence southward on said boundary to the Missouri River; 
thence down the main channel of said river to the place of 
beginning, be, and the same is hereby, created iuto a tem- 
porary government by the name of the Territory of Ne- 
braska ; and when admitted as a State or States, the said 
Territory, or any portion of the same, shall be received into 
the Union with or without slavery, as their Constitution 
may prescribe at the time of their admission : Provided, 
That nothing in this Act contained shall be construed to 
inhibit the Government of the United States from dividing 
said Territory into two or more Territories, in such manner 
aud at such times as Congress shall deem convenient and 
proper, or from attaching any portion of said Territory to 
any other State or Territory of the United States : Pro- 
vided, further, That nothing in this Act contained shall be 
construed to impair the rights of person or property now 
pertaining to the Indians in said Territory, so long as such 
rights shall remain unextinguished by treaty between the 
United States and such Indians, or to include any Territory 
which, by treaty with any Indian tribe, is not, without tho 

111 



112 KANSAS AND NEBRASKA ACT. 

consent of said tribe, to be included within the Territorial 
limits or jurisdiction of any State or Territory ; but all 
such Territory shall be excepted out of the boundaries, and 
constitute no part of the Territory of Nebraska, until said 
tribe shall signify their assent to the President of the 
United States to be included within the said Territory of 
Nebraska, or to affect the authority of the Government of 
the United States to make any regulations respecting such 
Indians, their lands, property or other rights, by treaty, 
law, or otherwise, which it would have been competent to 
the Government to make if this Act had never passed. 

Sec. 2. That the executive power and authority in and 
over said Territory of Nebraska shall be vested in a Gov- 
ernor, who shall hold his office for four years, and until 
his successor shall be appointed and qualified, unless 
sooner removed by the President of the United States. 
The Governor shall reside within said Territory, and shall 
be commander-in-chief of the militia thereof. He may 
grant pardons and respites for offenses against the laws of 
said Territory, and reprieves for offenses against the laws 
of the United States, until the decision of the President 
can be made known thereon ; he shall commission all officers 
who shall be appointed to office under the laws of the said 
Territory, and shall take care. that the laws be faithfully 
executed. 

Sec. 3. That there shall be a Secretary of said Terri- 
tory, who shall reside therein, and hold his office for five 
years, unless sooner removed by the Presideut of the United 
States; he shall record and preserve all the laws and pro- 
ceedings of the Legislative Assembly hereinafter consti- 
tuted, and all the acts and proceedings of the Governor in 
his executive department ; he shall transmit one copy of 
the laws and journals of the Legislative Assembly within 
thirty days after the end of each session, and one copy of 
the executive proceedings and official correspondence semi- 
annually, on the first days of January and July in each 
year, to the President of the United States, and two copies 
of the laws to the President of the Senate and to the 
Speaker of the House of Representatives, to be deposited 
iu the libraries of Congress ; and, iu caso of tho death, re- 



KANSAS AND NEBRASKA ACT. 113 

moval, resignation, or absence of the Governor from the 
Territory, the Secretary shall be, and he is hereby duly 
authorized and required to execute and perform all the 
powers and duties of the Governor during such vacancy or 
absence, or until another Governor shall be duly appointed 
and qualified to "fill such vacancy. 

Sec. 4. That the legislative power and authority of 
said Territory shall be vested in the Governor and a Leg- 
islative Assembly. The Legislative Assembly shall consist 
of a Couucil and House of Representatives. The Couucil 
shall consist of tfiirteen members, having the qualifications 
of voters, as hereinafter prescribed, whose term of service 
shall continue two years. The House of Representatives 
shall, at its first session, consist of twenty-six members, 
possessing the same qualifications as prescribed for mem- 
bers of the Council, and whose term of service shall con- 
tinue one year. Tho number of Representatives may be 
increased by the Legislative Assembly, from time to time, 
in proportion to the increase of qualified voters : Provided, 
That the whole number shall never exceed thirty-nine; an 
apportionment shall be made as nearly equal as practicable, 
among the several counties or districts, for the election of 
the Council and Representatives, giving each section of the 
Territory representation in the ratio of its qualified voters 
as nearly as may be. And the members of the Council and 
of the House of Representatives shall reside in, and be in- 
habitants of, the district or county, or couuties, for which 
they may be elected respectively. Previous to the first 
election, the Governor shall cause a census or enumeration 
of the inhabitants and qualified voters of the several couu- 
ties and districts of the Territory, to be taken by such per- 
sons and in such mode as the Governor shall designate and 
appoint ; and the persons so appointed shall receive a rea- 
sonable compensation therefor. And the first election shall 
be held at such times and places, and be conducted in such 
manner, both as to the persons who shall superintend such 
election and the returns thereof, as the Governor shall ap- 
point and direct; and he shall at the same time declare the 
number of members of the Council and House of Repre- 
sentatives to which each of the counties or districts shall 
10 



114 KANSAS AND NEBRASKA ACT. 

be entitled under this Act. The persons having the highest 
number of legal votes in each of said Council districts for 
members of the Council, shall be declared by the. Governor 
to be duly elected to the Council ; and the persons having 
the highest number of legal votes for the House of Rep- 
resentatives, shall be declared by the Governor to be duly 
elected members of said House : Provided, That, in case 
two or more persons voted for shall have an equal num- 
ber of votes, and in case a vacancy shall otherwise occur 
in either branch of the Legislative Assembly, the Governor 
shall order a new election ; and the persons thus elected to 
the Legislative Assembly shall meet at such place and on 
such day as the Governor shall appoint; but thereafter, the 
time, place, and manner of holding and conducting all elec- 
tions by the people, and the apportioning the representa- 
tion in the several counties or districts to the Council and 
House of Representatives, according to the number of qual 
ified voters, shall be prescribed by law, as well as the day 
of the commencement of the regular sessions of the Legis- 
lative Assembly: Provided, That no session in any one 
year shall exceed the term of forty days, except the first 
session, which may continue sixty days. 

Sec. 5. That every free white male inhabitant, above 
the age of twenty-one years, who shall be an actual resi- 
dent of said Territory, and shall possess the qualifications 
hereinafter prescribed, shall be entitled to vote at the first 
election, and shall be eligible to any office within the said 
Territory ; but the qualifications of voters, and of holding 
office, at all subsequent elections, shall be such as shall be 
prescribed by the Legislative Assembly : Provided, That 
the right of suffrage and of holding office shall be exercised 
only by citizens of the United States and those who shall 
have declared on oath their intention to become such, and 
shall have taken an oath to support the Constitution of 
the United States and the provisions of this act: And pro- 
vided, farther, That no officer, soldier, seaman, or marine, 
or other person in the army or navy of the Uuited States, 
or attached to troops in the service of the United States, 
shall be allowed to vote or hold office in said Territory, 
by reason of being on service therein. 



KANSAS AND NEBRASKA ACT. 115 

Sec. 6. That the legislative power of the Territory 
shall extend to all rightful subjects of legislation consistent 
with the Constitution of the United States and the pro- 
visions of this Act; but no law shall be passed interfering 
with the primary disposal of the soil; no tax shall be im- 
posed upon the property of the United States; nor shall 
the lands or other property of non-residents be taxed 
higher than the lands or other property of residents. 
Every bill which shall have passed the Council and House 
of Representatives of said Territory, shall, before it become 
a law, be presented to the Governor of the Territory ; if 
he approve, he shall sign it ; but if not, he shall return it, 
with his objections, to the House in which it originated, 
who shall enter the objections at large on their journal, 
and proceed to reconsider it. If, after such reconsidera- 
tion, two-thirds of that House shall agree to pass the bill, 
it shall be sent, together with the objections, to the other 
House, by which it shall likewise be reconsidered, and if 
approved by two-thirds of that House, it shall become a 
law. But in all such cases the votes of both Houses shall 
be determined by yeas and nays, to be entered on the jour- 
nal of each House respectively: If any bill shall not be 
returned by the Governor within three days (Sundays ex- 
cepted) after it shall have been presented to him, the same 
shall be a law in like manner as if he had signed it, unless 
the Assembly, by adjournment, prevent its return, in which 
case it shall not be a law. 

Sec. 7. That all township, district, and county officers, 
not herein otherwise provided for, shall be appointed or 
elected, as the case may be, in such manner as shall be pro- 
vided by the Governor and Legislative Assembly of the 
Territory of Nebraska. The Governor shall uominate, and, 
by awl with the advice and consent of the Legislative Coun- 
cil, appoint all officers not herein otherwise provided for; 
and in the first instance the Governor alone may appoint 
all said officers, who shall hold their offices until the end 
of tbe first session of the Legislative Assembly ; arid shall 
lay off the necessary districts for members of the Council 
and House of Representatives, and all other officers." 

Sec. 8. That no member of the Legislative Assembly 



116 KANSAS AND NEBRASKA ACT. 

shall hold, or be appointed to any office which may have been 
created, or the salary or emoluments of which shall have 
been increased, while he was a member, during the term for 
which he was elected, and for one year after the expiration 
of such term; but this restriction shall not be applicable to 
members of the first Legislative Assembly ; and no person 
holding a commission or appointment under the United 
States, except postmasters, shall be a member of the Leg- 
islative Assembly, or shall hold any office under the gov- 
ernment of said Territory. 

Sec. 9. That the judicial power of said Territory shall 
be vested in a Supreme Court, District Courts, Probate 
Courts, and in Justices of the Peace. The Supreme Court 
shall consist of a Chief Justice and two Associate Jus- 
tices, any two of whom shall constitute a quorum, and 
who shall hold a term at the seat of government of said 
Territory annually, and they shall hold their offices during 
the period of four years, and until their successors shall be 
appointed and qualified. The said Territory shall be di- 
vided into three judicial districts, and a District Court shall 
be held iu each of said districts by one of the Justices of 
the Supreme Court, at such times and places as may be pre- 
scribed by law; and the said Judges shall, after their ap- 
pointments, respectively reside in the district which be as- 
signed them. The jurisdiction of the several courts herein 
provided for — both appellate and original — and that of the 
Probate Courts and of Justices of the Peace, shall be lim- 
ited by law: Provided, That Justices of the Peace shall 
not have jurisdiction of the matter in controversy when the 
title or boundaries of lands may be iu dispute, or where the 
.debt or sum claimed shall exceed one hundred dollars; and 
the said Supreme and District Courts, respectively, shall 
possess chancery as well as common law jurisdiction. • Each 
District Court, or the judge thereof, shall appoint its clerk, 
who shall also be the register in chancery, and shall keep 
his office at the place where the Court may be held. Writs 
of* error, bills of exception, and appeals, shall be allowed 
in all cases from the final decisions of said District Courts 
to the Supreme Court, under such regulations as may be 
prescribed by law; but in uo case removed to. the Supreme 



KANSAS AND NEBRASKA ACT. 117 

Court shall trial by jury be allowed by said Court. The 
Supreme Court, or the Justices thereof, shall appoint its 
owu clerk, and every clerk shall hold his office at the pleas- 
ure of the Court for which he shall have been appointed. 
Writs of error and appeals from the final decision of said 
Supreme Court shall be allowed, and may be taken to the 
Supreme Court of the United States in the same mauuer 
and under the same regulations as from the Circuit Courts 
of the United States, where the value of the property, or 
the amount in controversy, to be ascertained by the oath or 
affirmation of either party, or other competent witness, shall 
exceed one thousand dollars ; except only that in all cases 
involving title to slaves, the said writs of error or appeals 
shall be allowed and decided by the said Supreme Court, 
without regard to the value of the matter, property, or title in 
controversy ; and except also that a writ of error or appeal 
shall also be allowed to the Supreme Court of the United 
States, from the decisions of the said Supreme Court cre- 
ated by this act, or of any judge thereof, or of the District 
Courts created by this Act, or of auy judge thereof, upon any 
writ of habeas corpus, involving the question of personal 
freedom: Provided, That uothiug herein contained shall be 
construed to apply to or affect provisions of the " Act re- 
specting fugitives from justice, and persons escaping from 
the service of their masters," (approved February 1!2, 1793,) 
and the " Act to amend and supplementary to the aforesaid 
Act," (approved September 18, 1850;) and each of the said 
District Courts shall have and exercise the same jurisdic- 
tion in all cases arising uuder the Constitution and laws of 
the United States as is vested in the Circuit and District 
Courts of the United States; and the said Supreme and 
District Courts of the said Territory, and the respective 
judges thereof, shall and may graut writs of habeas corpus 
in all cases in which the same are granted by the judges of 
the United States in the District of Columbia; and the first 
six days of every term of said courts, or so much thereof 
as shall be necessary, shall be appropriated to the trial of 
causes arising under the said Constitution and laws; and 
writs of error and appeal in all such cases shall be made to 
the Supreme Court of said Territory, the same as in other 



118 KANSAS AND NEBRASKA ACT. 

cases. The said clerk shall receive, in all such cases, the 
same fees which the clerks of the District Courts of Utah 
Territory now receive for similar services. 

Sec. 10. That the provisions of an Act entitled "an Act 
respecting fugitives from justice, and persons escaping 
from the service of their masters," (approved February 12, 
1793,) and the provisions of the Act entitled "an Act to 
amend, and supplementary to the aforesaid Act," (approved 
September 18, 1850,) be, and the same are hereby, declared 
to extend to and be in full force within the limits of said 
Territory of Nebraska. 

Seo. 11. That there shall be appointed an attorney for 
said Territory, who shall continue in office for four years, 
and until his successor shall be appointed and qualified, 
unless sooner removed by the President, and who shall re- 
ceive the same fees and salary as the attorney of the United 
States for the present Territory of Utah. There shall also 
be a marshal for the Territory appointed, who shall hold 
his office for four years, and until his successor shall be ap- 
pointed and qualified, unless sooner removed by the Presi- 
dent, and who shall execute all processes issuing from the 
said courts when exercising their jurisdiction as Circuit and 
District Courts of the United States; he shall perform the 
duties, be subject to the same regulations and penalties, and 
be entitled to the same fees as the marshal of the District 
Court of the United States for the present Territory of 
Utah, and shall, in addition, be paid two hundred dollars 
annually as a compensation for extra services. 

Sec. 12. That the Governor, Secretary, Chief Justice, and 
Associate Justices, Attorney, and Marshal, shall be nom- 
inated, and — by and with the advice and consent of the Sen- 
ate — appointed by the President of the United States. The 
Governor and Secretary, to be appointed as aforesaid, shall, 
before they-act as such, respectively take an oath or affirma- 
tion before the District Judge or some Justice of the Peace in 
the limits of said Territory, duly authorized to admiuister 
oaths and affirmations by the laws now in force therein, or 
before the Chief Justice or some Associate Justice of the Su- 
preme Court of the United States, to support the Constitution 
of the United States, and faithfully discharge the duties of 



KANSAS AND NEBRASKA ACT. 119 

their respective offices, which said oaths, when so taken, 
shall be certified by the person by whom the same shall have 
been taken ; and such certificates shall be received and re- 
corded by the said Secretary among the executive proceed- 
ings ; and the Chief Justice, and Associate Justices, and all 
other civil officers iu said Territory, before they act as such, 
shall take a like oath or affirmation before the said Gov- 
ernor or Secretary, or some Judge or Justice of the Peace 
of the Territory, who may be duly commissioned and qual- 
ified, which said oath or affirmation shall be certified and 
transmitted by the person taking the same to the Secretary, 
to be by him recorded as aforesaid ; and afterward, the like 
oath or affirmation shall be taken, certified, and recorded 
in such manner and form as may be prescribed by law. 
The Governor shall receive an annual salary of two thou- 
sand five hundred dollars. Tbe Chief Justice and Associ- 
ate Justices shall receive an annual salary of two thousand 
dollars. The Secretary shall receive an annual salary of 
two thousand dollars. The said salaries shall be paid quar- 
ter-yearly, from the dates of the respective appointments, 
at the treasury of the United States; but no such payment 
shall be made until said officers shall have entered upon 
the duties of their respective appointments. The members 
of the Legislative Assembly shall be entitled to receive 
three dollars each per day during their attendance at the 
sessions thereof, and three dollars each for every twenty 
miles' travel in going to and returning from the said ses- 
sions, estimated according to the nearest usually traveled 
route; and an additional allowance of three dollars shall be 
paid to the presiding officer of each House for each day he 
shall so preside. And a chief clerk, one assistant clerk, a 
sergeant-at-arms, and door-keeper may be chosen for each 
House ; and the chief clerk shall receive four dollars per 
day, and the said other officers three dollars per day, during 
the session of the Legislative Assembly; but no other officer 
shall be paid by the United States : Provided, That there 
shall be but one session of the Legislature annually, unless, 
on an extraordinary occasion, the Governor shall think 
proper to call the Legislature together. There shall be ap- 
propriated, annually, the usual sum, to be expended by tho 



120 KANSAS AND NEBItASKA ACT. 

Governor, to defray the contingent expenses of the Terri- 
tory, including the salary of a Clerk of the Executive De- 
partment; and there shall also he appropriated, annually, 
a sufficient sum, to be expended by the Secretary of the 
Territory, and upon an estimate to be made by the Secre- 
tary of the Treasury of the United States, to defray the 
expenses of the Legislative Assembly, the printing of the 
laws, and other incidental expenses; and the Governor and 
Secretary of the Territory shall, in the disbursement of all 
moueys intrusted to them, be governed solely by the_ in- 
structions of the Secretary of the Treasury of the United 
States, and shall, semi-annually, account to the said Secretary 
for the manner in which the aforesaid moueys shall have 
been expended; and uo expenditure shall be made by said 
Legislative Assembly for objects not specially authorized by 
the Acts of Congress making the appropriations, nor beyond 
the sums thus appropriated for such objects. 

Sec. 13. That the Legislative Assembly of the Territory 
of Nebraska shall hold its first session at such time and 
place in said Territory as the Governor thereof shall appoint 
and direct ; aud at said first session, or as soon thereafter as 
they shall deem expedient, the Governor and Legislative As- 
sembly shall proceed to locate and establish the seat of gov- 
ernment for said Territory at such place as they may deem 
eligible ; which place, however, shall thereafter be subject to 
be changed by the said Governor and Legislative Assembly. 
Sec. 14. That a delegate to the House of Representa- 
tives of the United States, to serve for the term of two 
years, who shall be a citizen of the United States, may be 
elected by the voters qualified to elect members of the Leg- 
islative Assembly, who shall be entitled to the same rights 
ami privileges as are exercised and enjoyed by the delegates 
from the several other Territories of the Uuited States to 
the said House of Representatives; but the delegate first 
elected shall hold his seat only duriug the term of the Con- 
gress to which he shall be elected. The first election shall be 
held at such time and places, and be conducted in such man- 
ner as the Governor shall appoint and direct; and at all sub- 
sequent elections the times, places, aud manner of holding the 
elcetious shall be prescribed by law. The person having 



KANSAS AND NEBRASKA ACT. 121 

the greatest uumber of votes shall be declared by the Gov- 
ernor tfo be duly elected, and a certificate thereof shall be 
given accordingly. That the Constitution, and all the laws 
o\' the United States which are not locally inapplicable, shall 
have the same force and effect within the said Territory of 
Nebraska as elsewhere within the United States, except tho 
eighth section of the act preparatory to the admission of 
Missouri into the Union, (approved March 6, 1820,) which, 
being inconsistent with the principle of non-intervention 
by Congress with slavery in the States and Territories — as 
recognized by the legislation of 1850, commonly called the 
Compromise Measures — is hereby declared inoperative and 
void; it being the true intent and meaning of this act not 
to legislate slavery into any Territory or State, nor to exclude 
it therefrom, but to leave the people thereof perfectly free 
to form and regulate their domestic institutions in their own 
way, subject only to the Constitution of the United States: 
Provided, That nothing herein contained shall be construed 
to revive or put in force any law or regulation which may 
have existed prior to the act of March 6, 1820, either pro- 
tecting, establishing, prohibiting, or abolishing slavery. 

Sec. 15. That there shall hereafter be appropriated, as 
has been customary for the territorial governments, a suffi- 
cient amount, to be expended under the direction of the said 
Governor of the Territory of Nebraska, not exceeding the 
sums heretofore appropriated for similar objects, for the 
erection of suitable public buildings at the seat of govern- 
ment, and for the purchase of a library, to be kept at the 
seat of government, for the use of the Governor, Legislative 
Assembly, Judges of the Supreme Court, Secretary, Marshal, 
and Attorney of said Territory, and such other persons, and 
under such regulations, as shall be prescribed by law. 

Sec. 16. That when the lands in said Territory shall be 
surveyed under the direction of the Government of the 
United States, preparatory to bringing the same into mar- 
ket, sections numbered sixteen and thirty-six, in each town- 
ship in said Territory, shall be, and the same are hereby, 
reserved for the purpose of being applied to schools in said 
Territory, and in the States and Territories hereafter to be 
erected out of the same. 
11 



122 KANSAS AND NEBRASKA ACT. 

Sec. 17. That, until otherwise provided by law, the Gov- 
ernor of said Territory may defiue the judicial districts of 
said Territory, and assign the judges who may be appointed 
for said Territory to the several districts ; and also appoint 
the times and places for holding courts in the several coun- 
ties or subdivisions in each of said judicial districts by proc- 
lamation, to be issued by him; but the Legislative Assem- 
bly, at their first or any subsequent session, may organize, 
alter, or modify such judicial districts, and assign the judges, 
and alter the times and places of holding the courts, as to 
them shall seem proper and convenient. 

Sec. 18. That all officers to be appointed by the Pres 
ident, by and with the advice and consent of the Senate, 
for the Territory of Nebraska, who, by virtue of the provis- 
ions of any law now existing, or which may be enacted dur- 
ing the present Congress, are required to give security for 
moneys that may be intrusted with them for disbursement?, 
shall give security, at such time and place, and in such mau- 
uer as the Secretary of Treasury may prescribe. 

Sec. 19. That all that part of the territory of the United 
States included within the following limits, except such por- 
tions thereof as are hereinafter expressly exempted from the 
operations of this act, to wit: beginning at a point on the 
western boundary of the State of Missouri, where the thirty- 
seventh parallel of north latitude crosses the same ; thence 
west on said parallel to the eastern boundary of New Mexico ; 
thence north on said boundary to latitude thirty-eight; 
thence following said boundary westward to the east bound- 
ary of the Territory of Utah, on the summit of the Rocky 
Mountains ; thence northward ou said summit to the fortieth 
parallel of latitude ; thence east on said parallel to the west- 
ern boundary of the State of Missouri; thence south with 
the western boundary of said State to the place of begin- 
ning, be, and the same is hereby, created into a temporary 
government by the name of the Territory of Kansas ; and 
when admitted as a State or States, the said Territory, or 
any portion of the same, shall be received into the Union 
with or without slavery, as the Constitution may prescribe 
at the time of their admission : Provided, That nothing in 
this Act contained shall be construed to inhibit the Gov- 



KANSAS AND NEBRASKA ACT. 123 

ernraent of the United States from dividing said Territory 
into two or more Territories, in such manner and at such 
times as Congress shall deem convenient and proper, or from 
attaching any portion of said Territory to any other State 
or Territory of the United States: Provided, further, That 
nothing in this Act contained shall be so construed as to 
impair the rights of persons or property now pertaining to 
the Indians in said Territory, so long as such rights shall 
remain unextinguished by treaty between the United States 
and such Indiaus, or to include any Territory which, by 
treaty with any Indian tribe, is not, without the consent 
of said tribe, to be included within the territorial limits or 
jurisdiction of any State or Territory; but all "such territory 
shall be excepted out of the boundaries, and constitute no 
part of the Territory of Kansas, until said triSe shall signify 
their assent to the President of the United States to be in- 
cluded within the said Territory of Kansas, or to affect the 
authority of the Government of the United States to make 
any regulation respecting such Indians, their lands, property, 
or other rights, by treaty, law, or otherwise, which it would 
have been competent to the government to make if this act 
had never passed. 

[With the single exception of the location of the seat of 
government for Kansas at Fort Leavenworth, provided for 
in section 31, the ensuing sixteen sections, relative to the 
organization and government of the Territory, are precisely 
similar to the sections already recited, providing for the gov 
eminent of Nebraska Territory. The final section of the 
act, which has a general reference to both Territories, is as 
follows :] 

Sec. 37. And be it further enacted, That all treaties, 
laws, and other engagements made by the Government of 
the United States with the Indian tribes inhabiting the Ter- 
ritories embraced within this act, shall be faithfully and rig- 
idly observed, notwithstanding any thing contained in this 
act ; and that the existing agencies and superintendencics 
of said Indians be continued, with the same powers and du- 
ties which are now prescribed by law, except that the Pres- 
ident of the United States may, at his discretion, change the 
location of the office of superintendent. 



HISTORY OF EACH OF THE STATES. 



VIRGINIA. 

" The Old Dominion," so distinguished as being the 
native State of the Father of American Liberty, and the 
"Mother of Presidents," really seemed at one time, to be 
peculiarly favorable to the birth and development of states- 
men. It has^i'urnished no less than five Presidents, among 
whom are Washington, Monroe, Madison, and Jeft'erson. It 
was the first .Colony, on the Continent, settled by the 
English. In 1607, a company formed under the patronage of 
James I, obtained a grant to make settlements in America, 
between the 34th and 38th degrees of north latitude. In 
May, 1607, a colony of one hundred and five persons, un- 
der direction of this company, arrived off the coast of South 
Virginia. Their intention had been to form a settlement on 
Roanoke, now in North Carolina ; but being driven north 
by a violent storm, they discovered and entered the mouth 
of Chesapeake Bay. Passing up this bay they named its 
capes — Henry and Charles — in honor of the king's two 
sons. They were commauded by Capt. Christopher New- 
port, an experienced and distinguished navigator. Passing 
up James River, they arrived at a peninsula, upon which 
they landed and established Jamestown. 

After promulgating a code of laws which had been formed 
by the Loudon company, Capt. Newport sailed for England, 
leaving the colouy under the care of Capt. John Smith, 
whose subsequent relations to the settlement became so im- 
portant, and without whose efforts the enterprise would doubt- 
less have proved a failure. The colonists seem to have been 
very poorly adapted to the labor required at their hands. 
Too many of them were gentlemen, and came, it appears, 
only to enrich themselves by gathering gold, which, they had 
heard, was very abundant. 
12-t 



HISTORY OF THE STATES. 125 

Through a series of difficulties, which it is rarely the lot 
of man to encouuter, this colony progressed ; the settlers 
awhile quarreling among themselves, and awhile contending 
against savages and famine, for bare existence, until the pe- 
riod of the Revolution, in which it was one of the first col- 
onies to take active part, furnishing to the young republic 
many of its most efficient military chieftains and statesmen. 
It ratified the Constitution June 26, 1788. After the Rev- 
olution its course was for many years one of great prosper- 
ity. But, unfortuuately, the year 1861 found the majority 
of its statesmen arrayed against the Government, on the 
side of secession, and on the 15th of April, 1861, she se- 
ceded from the Union. On the 17th of June, 1861, all 
the counties lying between the Alleghany Mountains and 
the Ohio River, were, by a convention held at Wheeling, 
declared independent of the old State government, and were 
organized into a new State, called West Virginia, which re- 
mains loyal. The capital of the old State was selected as 
the seat "of government of the so-called Confederate States 
of America. 

MASSACHUSETTS. 

Massachusetts was settled in the year 1620, by the Puri- 
tans. These people, having been severely persecuted in 
England, had previously taken refuge in Holland; but for 
various reasons they determined, after remaining in Holland 
a season, to emigrate to the New World. Unfortunately, 
they started at a very unpropitious season of the year, ar- 
riving at New England in the winter. The severity of the 
climate, their scarcity of food at times, operated seriously 
against their comfort and progress. It is said that they 
were frequently threatened with starvation. At one time 
the entire company had but one pint of Indian corn, which 
being divided equally among them, allowed to each person 
eight grains. But, unlike the early settlers of Virginia, 
they were all working men, and good economists. From 
the time of the landing at Plymouth, up to 1691, this first 
settlement was known as the Plymouth Colony. Mean- 
time, another settlement had been formed, styled the Mas- 
sachusetts Colony. Both were for some years under tho 



126 HISTORY OP THE STATES. 

control of a London company. In 1691, Massachusetts and 
Plymouth Colonies were united, and thenceforward their his- 
tory is one. The people of Massachusetts were, during the 
early part of their colonial existence, sorely vexed, at times, 
by the Indians, especially by the Pequods. They, unfor- 
tunately, had imbibed, during their own persecutions, too 
much of the spirit of conscription, and, although them- 
selves refugees from religious bigotry, sullied much of their 
history prior to the Revolution by punishing what they 
called heresy in the Quakers aud Baptists. During 1774 
and 1775, Massachusetts took a very prominent part in fa- 
vor of colonial rights, and was the first State to manifest 
the spirit of resentment toward Great Britain. Its history 
during the War for Independence is one of glory. It 
adopted the Constitution June 6, 1788. 

NEW HAMPSHIRE. 

This State was a part of Massachusetts up to *the year 
1G80. It was, however, settled in 1624, the first settlement 
being formed at Dover by the English. In 1680, it was 
erected into a separate colony, aud its first legislative assem- 
bly met this year. John Mason was its first Governor. It 
suffered severely from Indian wars, aud its progress, during 
the first years of its existence, was slow. In 1742 it con- 
tained only six hundred persons liable to taxation. Its first 
Constitution was formed in 1683. It suffered from the 
effects of an insurrection in 1686, although prior and sub- 
sequent to this affair, it seems to have been one of the most 
peaceful and quiet of the colonies. It is distinguished for its 
excellent pastures, towering hills, and fine cattle. The White 
Mountains are the highest in New England. It took a 
prominent aud active part in the Revolution. It ratified 
the Constitution June 21, 1788, since which time it has 
been highly prosperous. Its present population is 326,073. 
Its course during the rebellion has been highly commend- 
able. 

MARYLAND. 

In 1632, Sir George Calvert (Lord Baltimore) visited 



HISTORY OP TIIE STATES. 127 

America, explored a tract of country lying on the Chesa- 
peake Bay, belonging to what was then called South Vir- 
ginia, and returned to England to procure a grant for it. 
But before the patent was made out, he died, and it was 
given to his sou Cecil. The province was named by King 
Charles I, in the patent, in honor of his Queen, Henrietta 
Maria. A part of the province appears to have been in- 
cluded in the grant made some time afterward to William 
Penn, and to have caused much contention between the suc- 
cessors of Penn and Baltimore. 

In March, 1634, Leonard Calvert, the brother of Cecil, 
arrived at the mouth of the Potomac River, bringing with 
him two hundred emigrants, most of whom were Roman 
Catholic gentlemen. Leaving the vessel, he ascended in a 
pinnace as far as Piskataqua, an Indian village nearly op- 
posite Mount Vernon. The Indian Sachem gave him full 
liberty to settle there if he chose ; but not deeming it safe, 
he began a settlement lower down on a branch of the Po- 
tomac, at the Indian town of Yoacomoco. The settlement 
was called St. Mary's. 

Maryland made a very fortunate beginning. The colo- 
nists arrived in time to make a crop for that year. Their 
neighbors in Virginia supplied them with cattle, and pro- 
tected them in great part from the Indians, while their own 
kind and consistent course materially promoted their happy 
relations with the savages. 

The charter which had been granted them was very lib- 
eral — ceding to them the full power of legislation, without 
any interference on the part of the Crown. In 1635, they 
made laws for their government, which were somewhat 
modified in 1639. In 1650, they had an upper and lower 
legislative assembly, as had their Virginia neighbors. 

Ten or twelve years after its settlement, Maryland was 
disturbed by au insurrection, headed by one Clayborne; but 
this difficulty was soon settled. It played a conspicuous 
part in the Revolution, and adopted the Constitution April 
28, 1788. Its progress has been fair, its preseut popula- 
tion being 687,049. Its geographical position and the 
mixed political character of its people caused it to assume 
a rather dubious attitude at the commencement of the re- 



128 HISTORY OP THE STATES. 

bellion of 1SG1. Some of its best statesmen, however, were 
among the most uncompromising friends of the Union. 

NEW YORK. 

Captain Henry Hudson, the famous voyager, discovered 
what is now New York, together with a considerable ex- 
tent of territory contiguous to it, in the year 1G09. Al- 
though an Englishman by nativity, Hudson was at this 
time employed by the Dutch, (Hollanders) who, conse- 
quently, elaimed the territory. Meantime the English set 
up a claim to it, as being part of North Virginia. They 
also claimed it on account of Hudson being an English- 
man. The Dutch, however, determined to hold it, and in 
1610 opened a trade with the natives at Manhattan Island, 
on the spot where the city of New York now stands. They 
erected a fort on or near the site of Albany, named the 
country in geueral, New Netherlands, and the station at 
Manhattan, New Amsterdam. The Dutch retained the 
country until the year 1664. 

It seems that, up to this time, they claimed not only the 
present territory of New York, but also that of Connecti- 
cut and New Jersey. The liberal governments of the sur- 
rounding colonies stood in great contrast with the despotic 
oue imposed by the Dutch Government upon their Ameri- 
can colonists. And when, in 1664, the English squadron dis- 
patched by James, Duke of York, with instructions to take 
possession of the province of New Netherlands, appeared 
before New Amsterdam, the inhabitants were williug to ca- 
pitulate without resistance. Peter, Stuyvesant, their Gov- 
ernor, and an able executive, made vain efforts to rouse 
them to defense, and was forced to surrender. The Eng- 
lish Government was now acknowledged over the whole of 
New Netherlands, the capital receiving the name of New 
York, as well as the province. From this t ; *ne forward to 
the Revolutionary War, New York remained in the hauds 
of the English, and was uuder the control of a very arbi- 
trary succession of Governors. The progress of the colony 
was steady, in numbers, wealth, and civilization. It took 
an active part iu the Revolution, and adopted its Consti- 



HISTORY OF THE STATES. 129 

tution July 26, 1788. After this it outstripped every other 
State in the Union in everything pertaining to wealth and 
greatness, save education, in which matter no State can 
compare with Massachusetts. At the commencement of 
the great Rebellion, this noble State showed herself truly 
worthy to be ranked as the Empire State. She has fur- 
nished the Government more money than any other State. 
Her population is 3,880,735. 

CONNECTICUT. 

In the year 1633, the Puritans of Massachusetts, having 
heard very flattering reports of the valley of Connecticut, 
resolved to make an effort to settle it. Accordingly, a com- 
pany of them sailed for the Connecticut River, taking with 
them the frame of a house. Meantime the Dutch, claim- 
ing the territory as theirs, built a fort on the river where 
Hartford now stands, to prevent the emigrants from pass- 
ing up. The Yankees, however, with that steady persever- 
ance which has always marked their course, proceeded on 
their way, paying no attention to the Dutch fort, whose 
only demonstration was an unexecuted threat to fire on the 
emigrants if they passed it. Landing where Farming-ton 
River enters the Connecticut, they founded the town of 
Windsor. Other settlements were subsequently formed at 
Westerfield, Hartford, and Watertown. The first general 
court was held at Hartford, in the year 1636. The prov- 
ince suffered severely from the depredations of the Pequod 
Indians, with which tribe a great and decisive battle was 
ultimately fought on the river Mystic, in the year Ki36.* 
During this year the towns of Windsor, Hartford, and 
Wethersfield, met in convention and formed a Government, 
electing John Haynes the first Governor of the colony. 

Its course from this period forward was one of great 
prosperity. It stood in the front rank during the war for 
Independence, and in no case was ever known to flinch 
from duty. It ratified the Constitution June 9, 1788. Its 
present population is 460,147. 

* This battle resulted in the destruction of the Pequod tribe. 



130 IJ18TOIIY OP THE STATES. 

At the commencement of the Rebellion, in 1801, its voice 
was for the Union and the Government of the Fathers, lta 
aid in behalf of freedom has been earnest and efficient. 

RHODE ISLAND. 

In June, 1030, linger Williams, an earnest, enthusiastic 
advocate of religious liberty in the broadest sense, having 
been banished by the Puritans of Massachusetts from that 
colony, went to what is now known as Ilhjde Island, pui- 
ehased the present site of Providence of the Narragansett 
Indians, and founded a colony, of which he was at once pas- 
tor, teacher, and father. He donated land to any whom he 
thought worthy, and Providence Plantation, as it was long 
called, became an asylum for persecuted Christians of all 
denominations, especially the Baptists. The first settle- 
ment in Rhode Island proper, was formed by William 
Codington, in the year 1030. Up to 10-10, the citizens of 
Rhode Island made their own laws in general convention. 
But, in 1644, Roger Williams, with the aid of Gov. Vane, 
of Massachusetts, procured a charter for two settlements, 
under the name of Rhode Island and Providence Planta- 
tions. The Constitution framed under this charter was a 
good one ; and lasted until the year 1818. For many years 
the legislative assembly of this colony met twice a year. 

Rhode Island is distinguished as the smallest State in the 
Union. It did noble service in the war for Independence, 
but did not, for some reason, adopt the Constitution till 
the 29th of May, 1790. It has been a highly prosperous 
State ; is distinguished for its good schools and large man- 
ufactories. 

At the breaking out of the Rebellion in 1801, it stepped 
nobly forward in defense of the Government, sending its 
own (Jovernor to Washington at the head of a regiment of 
volunteers. Its population is 174,020. 

NEW JERSEY, 

At first, formed a part of the Dutch province of Now Neth- 
erlands. But soou after the latter came into the hands of 



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132 HISTORY OF THE STATES. 

ments from this time until they preempted all the territory 
from Cape Heulopen to the falls of the Delaware. At this 
time the colony was called New Sweden. In 1651, Gov- 
ernor Stuyvesant, to check the aggressive movements of 
the Swedes, built a fort near the present site of New Castle, 
of which the Swedes afterward obtained possession by strat- 
agem. Enraged at this movement, the Government of 
Holland ordored Stuyvesant to reduce the Swedes to sub- 
mission, which he speedily accomplished with six hundred 
men, in 1655. The province was soon after annexed to New 
Netherlands. Delaware was, after it fell into the hands of 
the English, included in the graut made to William Penn, 
in 1692. It remained attached to Pennsylvania till 1691, 
when it was allowed a separate government. It was re- 
united to Pennsylvania in 1692. In 1703, it was again sep- 
arated, having its own legislature, though the same Gov- 
ernor presided over both colonies. The ancient forms of 
the government were preserved through the revolutionary 
struggle. It ratified the Constitution December 7, 1787. 

Its position, at the commencement of the rebellion of 1861, 
was somewhat dubious. It being a northerly slave State, 
was somewhat divided as to where its interests lay. It, 
however, finally came out somewhat decidedly for the Union, 
although its entire strength has not been exerted against 
the rebellion. Its population is 112,216. 

THE CAROLINAS. 

In the year 1563, the coast of Carolina was explored, and 
named after Charles IX, of France. The first attempt to 
settle it was made by the celebrated and accomplished Sir 
Walter Raleigh, in 1585, twenty-two years before the set- 
tlement of Jamestown, and thirty-five years before the Puri- 
tans landed at Plymouth. This effort failed, on account of 
the incapacity of the Governor appointed by Raleigh, and 
the ill-behavior of the colonists toward the natives. 

The first successful attempt was made sometime between 
1640 and 1650, under the direction of Governor Berkley. 
The settlement was made in Albemarle County, by a few 
Virginia planters. In 1663, a large tract of land, lying 



HISTORY OF THE STATES. 133 

between the 30th and 36th degrees of north Latitude, hav- 
ing the Atlantic Ocean for its eastern boundary, was con- 
veyed by Charles II, to Lord Clarendon and associates, un- 
der whose auspices a settlement was made near the mouth 
of Cape Fear River, in the year 1665, by emigrants from 
Barbadoes. Sir James Yeomans was appointed Governor. 
A settlement was made at Port Royal, South Carolina, in 
1670 ; and in 1671, a few persons located at what was then 
called Old Charleston, which place was abandoned in 1680, 
and the foundation of the present city of Charleston laid, 
several miles nearer the sea. 

All the various settlements here mentioned went under 
the general name of Carolina, until 1571, when a division 
was made, and the northern and southern portions were 
called by their distinctive names, North and South Carolina. 
These States were the scenes of many revolutionary trag- 
edies. South Carolina, in particular, although the home of 
Sumter, and Marion, and Rutledge, was replete with tories, 
(royalists) who spared no efforts to annoy the infant Repub- 
lic, and play into the hands of the British Government. 
South Carolina ratified the Constitution May 23, 1788, but 
threatened to break the compact in 1832, and was only pre- 
vented by the stern will of President Jackson. After this 
the State did nothing worthy of note until December 20, 1860, 
when it seceded from the Union, taking the lead in the 
great Rebellion. Present population 703,708. 

North Carolina ratified the Constitution November 21, 
17S9, and seceded from the Union May 21, 1861. Popu- 
lation 992,622. 

PENNSYLVANIA. 

The Old Keystone State, and one of the most wealthy and 
prosperous in the Union, was settled by the Quakers, under 
the direction of Win. Penn, at Philadelphia, in the year 
1682. The founder of this colouy showed himself a phil- 
osopher, a philanthropist, a thorough political economist, at 
the very commencement of his labors. He put the province 
under the goverumeut of a Council of Three and a House of 
Delegates, chosen by the freei'iou, who, according to his ar- 



134 DISTORT OF THE STATE8. 

rangernent, were all those who acknowledged the existence 
of one God. He pursued such a course with the natives as 
won their confidence and esteem. No Quaker was ever mur- 
dered by an Indian ; and to this day the " sons of Wm. 
Penn" are every-where respected by the savage. The treaty 
Peun made with the Indians was never violated. In fram- 
ing the colonial government, he provided for the largest 
religious liberty, allowing every one to worship according to 
the dictates of his own conscience. Up to 1684, Delaware, as 
before mentioned, was included in Penn's grant. But about 
this time he procured a new charter, more strictly defining 
the rights and limits of Pennsylvania, and Delaware was de- 
tached. For seventy years prosperity smiled upon this col- 
ony, during much of which time Penn was, according to the 
historian, its governor, magistrate, preacher and teacher. 
It was troubled with no Indian wars till 1754, when Penn's 
example and teachings began to be forgotten. The popula- 
tion, owing to a considerable influx from Sweden, Germany, 
and some other countries, began, at a later date, to assume 
a more varied aspect ; and when the colouies rebelled 
against the mother country, Pennsylvania contained suf- 
ficient " fighting" material to lend valuable assistance to the 
cause of liberty. 

She adopted the Constitution December 12th, 1787, since 
which time her increase in wealth, and advancement in .gen- 
eral improvement has been almost without a parallel. Her 
vast coal fields aud rich iron mines constitute a source of 
eternal wealth. Upon the breaking out of the rebellion of 
1861, her positiou in favor of the Union was well defined. 

Her population is 2,906,115. 

GEORGIA. 

General James Oglethorpe, and a company of twenty-one 
others, received, in the year 1732, from George II, of Eng- 
land, a grant for all the land between the Savannah and the 
Altamaha Rivers. In January, 1733, a company of one 
hundred and fourteen men, women, and children, arrived at 
Charleston, S. C, destined for Georgia. They were kindly 
treated by the Charlestonians, and were greatly assisted by 



HISTORY OF THE STATES. 135 

them in their labor of forming a colony. The first laws 
made for the province by the twenty-two grantees, prohib- 
ited the importation of rum, trade with the Indians, and the 
use of negroes. They also provided that lands should go 
back to the original owners in case the purchaser had no 
male heirs. Although the first, second, and third of these 
provisions were undoubtedly wholesome, the fourth was 
highly objectionable, and tended very much to retard the 
progress of the colony. In the year 17-10, General Ogle- 
thorpe, as commander-in-chief of the forces in Georgia, at 
the head of two thousand men, invaded Florida with the 
intention of forcibly annexing it to Georgia ; but he was 
soon repelled from the the territory, and returned home 
bootless. The Spanish, in turn, with two sail of vessels and 
three thousand men, invaded Georgia in 1742, and were 
likewise forced to return home tbwarted. The progress of 
this colony was for many years very slow ; the people man- 
ifesting that indolence and indifference which is still too prom- 
inent a characteristic of Georgians. It was mainly on the 
side of freedom during the revolution. 

It ratified the Constitution January 9th, 1788. Since the 
Revolution, the State has manifested but little life as com- 
pared with its sisters, and its secession from the Union, May 
19th, 1861, was followed by speedy ruin. 

VERMONT. 

The territory of which this State is composed began to 
be settled in the year 1731, but was for some years consid- 
ered as a part of New Hampshire. It was also claimed at 
one time by New York, and a contest arose between that 
State and New Hampshire, which was adjusted by the King 
of England in a manner by no means satisfactory to the set- 
tlers. The result was a quarrel between Vermont and the 
Crown, in which the Green Mountain Boys, led by Col. 
Ethan Allen, resisted the officers of justice, as well as the 
New York militia, who were called out to sustain them. 

The province appears not to have had even a territorial 
government until 1777, at which time a convention of del- 
egates met at Westminster, and declared themselves an in- 



136 HISTORY OF THE STATES. 

dependent State, under the name of New Connecticut. Pre- 
vious to this time, however, they had rendered material aid 
to the Revolution. In May, 1755, Col. Allen, at the head of 
two hundred and seveuty men, reduced Fort Ticonderoga 
and Crown Point, and thus became complete masters of 
Lake Champlain. During the whole period of the Revolu- 
tion the State did good service in the cause of liberty, al- 
though it remained independent. Some time subsequent to 
its declaration of independence its name was changed to 
Vermont. As it was not one of the original States, it did 
not ratify the Constitution, but, upon application, was ad- 
mitted to the Union during the second session of Congress, 
in the year 1791. It has been a highly prosperous State, and 
added much to the luster of the Union in its palmy days 
of peace. It fully sustained its Revolutionary reputation at 
the commencement of the Rebellion of 1861. Its popula- 
tion is 315,098. 

KENTUCKY 

Was settled, in the year 1775, by Daniel Boone and a num- 
ber of associates from North Carolina. The trials and ad- 
ventures of these hardy pioneers, and especially those of 
Boone, constitute one of the most romantic leaves in the 
history of the West. For over two years, previous to 1775, 
Boone was busily employed in surveying Kentucky, build- 
ing roads and forts. One of the latter he erected at Boons- 
borough ; to which place he removed his family, in 1775. 
Boone said that his wife and daughter were the first white 
women who ever stood on the banks of the Kentucky River. 
For a number of years after Boone's settlement, he and his 
associates experienced many diificulties with the natives — 
Boone's daughter being at one time captured by the Indi- 
ans, though shortly afterward rescued by her father. But, 
notwithstanding the difficulties with .the savages, the young 
territory grew rapidly in population and wealth, and on June 
1st, 1792, was admitted to the Union. Having a fertile soil, 
and affording excellent pasturage, she has far outstripped 
most of her slave-holding sisters in general improvement. 

Her position for some time after the commencement of 
the Rebellion was by a. > inoana promotive of her prosperity. 



HISTORY OP TIIE STATES. 137 

Owing to her attempt to observe strict neutrality, she be- 
came the scene of many guerrilla outrages, and has suffered, 
perhaps, more than any other State during the struggle. 
Her population is 1,115,68-4. 



TENNESSEE. 

Was, for some time, a part of North Carolina. It was made 
a territorial government in the year 1790, and was admitted 
into the Union in 1796. The first permanent white inhab- 
itants of Tennessee went there, in the year 1775, and built 
Fort Louden, now in Blount County. They were, in 1760, 
attacked by the savages, and two hundred persons mere mas- 
sacred. But, in 1767, the natives were reduced to submis- 
sion by Colonel Grant, and a treaty was made with them, 
which encouraged emigration. Settlements were formed on 
Holston River in 1765, which, although frequently attacked 
by the Indians, made very fair progress. Colonel John Se- 
vier, with the Tennessee militia and a few Virgiuia soldiers, 
gained a decisive victory over the savages, and, from this 
time forward, though more or less harassed by the Indians, 
the progress of the State, in population and improvement, 
was rapid. North Carolina gave up the Territory in 1789, 
and, in 1790, Cougress recognized it as a separate province. 
It has great extent of territory, and, up to 1861, was con- 
sidered as among the greatest of the agricultural States. At 
this time, however, it was seduced by the voice of the siren, 
Secession, and on the 24th of June, 1861, formally seceded 
from the Union. It should be stated, however, in justice to 
the State, that the eastern portion of it was generally loyal, 
and was only dragged out of the Union by force. It has, 
si.uce the Rebellion, been readmitted into the Union. 



OHIO. 

Ohio was admitted to the Union on the 29th of Novem- 
ber, 1802, the State containing, at the time, 72,000 inhab- 
itants — 2,000 more than was required in order to its admis- 
sion. It was settled in the spring of 1788, oue year after 
12 



138 IIISTORY OP TIIE STATES. 

it, with a vast additional extent of North-western territory, 
had been ceded, by Virginia, to the United States. 

The year 1788 was a famous year for emigration. It wit- 
nessed the passage of no less than 20,000 persons down the 
Ohio River. The company which settled Ohio consisted of 
forty persons, under General Rufus Putnam. They built a 
stockade fort at Marietta, of sufficient strength to resist the 
attacks of the natives, cleared several acres of ground, and 
plauted a crop. They were joined by twenty additional 
families in the autumn. Both these companies were New 
England people. 

For a number of years they were not troubled by the 
savages, nor did any of their number trouble the Indians, 
except in one or two instances. The earliest settlers of 
Cincinnati arrived there, about twenty in number in 1790. 
Until the year 1795. the attempts made to settle most parts 
of Ohio were attended with great difficulties, on account 
of Indiau wars. Marietta, however, formed an exception to 
this rule. After the great victory which General Wayne 
achieved over the savages during Washington's administra- 
tion, the population increased rapidly. Unembarrassed by 
any centralizing or aristocratic institutions, possessed of the 
finest natural resources, and vitalized by an enterprising pop- 
ulation, Ohio, after its admission into the Union, made an 
advancement of which any State might well be proud. In 
population it is the third State in the Union, numbering 
2,390,502. 

At the breaking out of the Rebellion, Ohio took its po- 
sition staunchly for the Union, and has doue much during 
the war for the restoration of the authority of the Govern- 
ment over the seceded States. 



LOUISIANA. 

Was ceded by Spain to France in the year 1802, and was 
bought by the United States of the latter power, in 1803, 
at a cost of $15,000,000. Governor Clayborne took posses- 
sion of it the same year. It was settled by the French, at 
Iberville, in 1699, and was admitted into the Union April 
8th, 1812. It is an important State, in that it holds the 



HISTORY OF THE STATES. 139 

keys of entrance to the mouth of the Mississippi. In the 
year 1860, nearly one-half of its population was slave. It 
seceded from the Union on the 20th of January, 1861. Its 
population in 1860 was 708,002. It has been a very for- 
ward State in the great Rebellion. 



INDIANA. 

About the year 1690, a French settlement, the first in 
Indiana, was made at Vincennes, that place being within 
the territory claimed, at that time, by the French, upon pri- 
ority of discovery by La Salle. Indiana was long the resi- 
dence of various Indian tribes, and the theater of Indian 
wars. By the terms of the treaty of the peace of 1763, it, 
with the rest of the North-western Territory, was ceded to 
Great Britain. It was still claimed by the Indians, but, by 
various treaties, extensive tracts were obtained for settlement. 
The Indians, however, retained possession of many parts of 
the State up to the year 1812, and to that portion known as 
the Indian Reserve, even later. It was erected into a Ter- 
ritory in 1809, and on the 11th of December, 1816, was ad- 
mitted into the Union. Its population — 1,350.428, in the 
year 1860 — is an indication of its progress. In the matter 
of education, Indiana is somewhat behind some of her West- 
ern sisters, but her efforts in behalf of the Government dur- 
ing the great Rebellion shall halo her future with glory. 



MISSISSIPPI. 

The territory comprising the present States of Mississippi 
and- Alabama having been divided, that portion lying next 
the river was, in 1817, admitted into the Union as a State, 
under the name Mississippi, while the eastern portion was 
organized as a Territory, and named Alabama. The whole 
of this territorry was explored, first by Ferdinand De Soto, 
and afterward by La Salle. It suffered greatly during the 
wars of the Natchez Indians. The Choctaws, for a long 
time, retained possession of the northern portion of it, and 
were, to some extent, civilized. Mississippi was settled by 



140 HISTORY OF THE STATES. 

the French, in 1716, at Natchez. Its population — 791,305 
— shows fair progress. On the 9th of January, 1861, it 
went the way of the seceding States, since which time, its 
course, like theirs, has been downward. 

ILLINOIS. 

This most thriving and prosperous State came into the 
Union on the 3d of December, 1818. Until 1809 it was a 
part of Indiana, at which time it became a separate terri- 
tory, and so remained till received into the Union. This 
State has been little disturbed by civil divisions or by In- 
dian wars. Its most serious troubles arose from the ap- 
pearance, within its borders, of the Mormons, in 1838, and 
from attempts made to curb their irregularities. This sin- 
gular people, believing themselves to be ill-treated, assembled 
to the number of 700, under their leaders, in a remote part 
of the State, and proposed fighting for their rights. But a 
body of three hundred troops marched against and captured 
them. The whole sect was ultimately reduced to submis- 
sion, and banished the State. It was explored by La Salle, 
and settled by the French at Kaskaskia,* in 1720. Its 
growth has been immense. Its population, in 186,0, was 
1,711,951. Its history has been oue of the most glorious 
of the loyal States during the great Rebellion. 

ALABAMA 

Was admitted to the Union on the 14th of December, 1819. 
It has a deep, rich soil, and in many places a healthful cli- 
mate. It remained till the Revolution a mere hunting- 
ground of the savages. From the peace of 1783 to 1802 
it was claimed by Georgia, and lands were sold to settlers 
and speculators accordingly. In the year 1802, Georgia 
ceded all her western territory to the United States for 
§1,250,000. In 1800, the present State of Alabama be- 
came a part of Mississippi Territory, from which it was 

*Ka.skaskia, the first capital of Illinois, is located on Kaskaskia 
River, and is the present site of Vandalia. 



HIS10RY OF THE STATES. Ul 

separated when Mississippi became a State. It was set- 
tled, in 1711, at Mobile, by the French, being a part of 
the territory explored by La Salle in his Mississippi tour. 
It formally seceded from the Union, January 11, 1861. 

MAINE. 

In the year 1638, the same year in which New Haven 
was settled, Ferdinand Gorges procured a charter of the 
King of England for all the lands from the borders of 
New Hampshire, on the south-west, to Sagadahoc, on the 
Kennebeck River, on the north-east, under the name of 
the Province of Maine. It remained a separate province 
till 1652, when it became a part of Massachusetts. Vari- 
ous attempts were made, between 1785 and 1802 to form 
it into an independent State; but these efforts failed. In 
1819 a large majority of the people were in favor of sep- 
arating from Massachusetts. A convention was called, a 
Constitution nrepared and adopted, and, in 1820, Maine 
was received into the Union. It is, by no means, an agri- 
cultural State, but its extensive fisheries and great lumber 
trade have greatly enriched it, and its progress in morality 
has, perhaps, been superior to that of any other State. It 
is the only State in the Union that has an efficient pro- 
hibitory liquor law. It proved itself true to the Govern- 
ment in 1861, and there is no danger of its ever ceasing 
to be so. 

It was settled in 1625, at Bristol, by the English. Its 
population is 628,279. 

. • MISSOURI. 

This great, though crippled, State was admitted into the 
Union on the 10th of August, 1821. It, with all the ter- 
ritory then belonging to the United States, west of the 
Mississippi, was included iu the purchase of Louisiana, 
made in 1803. Louisiana afterward was divided into Or- 
leans Territory, Louisiana proper, and Missouri Territory. 
In 1819, Missouri Territory was divided into Arkansas, on 
the south, aud Missouri on the north; and it was about this 
time that the latter took the requisite steps toward framing 



142 HISTORY OP THE STATES. 

a State Constitution. It will be remembered tbat tbis is 
tbe State, tbe discussion of the propriety of the admission 
of which raised such a storm in Congress in 1820. 

Being a border slave State, it was nearly equally divided 
on the question of secession in 1861, and thus, like Ken- 
tucky, has been overrun by both Southern and Northern 
troops during the Rebellion, and has been the scene of 
much bloodshed and ruin. It was settled in 1764, at 
St. Louis, by the French. Its population is 1,182,012. 

FLORIDA. 

The Peninsular States, discovered and explored by Ponce 
de Leon, a voyager with Columbus, and whose name was 
suggested to the discoverer by the abundance and beauty 
of its wild flora, wag, from 1512 to 1819, with the excep- 
tion of the interval between 1763 and 1783, a province of 
Spain. The first attempt to settle it was made in the year 
1565, at St. Augustine, which is said to be the oldest town 
in America, by the Spaniards. This effort was attended 
with many difficulties, the colonists contending, for tbe first 
few years, alternately with the horrors of savage warfare 
and famine, at times being forced to subsist on roots and 
acorns. In 1819 it was transferred to the United States 
by treaty, which treaty was, after much delay, ratified by 
Spain, and with still more delay by the United States. 
Possession of the colony was granted the Government in 
July, 1821. The territory contained, in 1840, a popula- 
tion of 54,477, and on the 3d of March, 1845, became a 
State, and was received into the Union. Florida was the 
theater of the Seminole war, which cost the United States 
so much blood and treasure. It went the way of the se- 
ceding States, January 7th, 1861. Florida, like the In- 
dian's gun, has " cost more than she has come to." Her 
population in 1860, was 140,425. 

ARKANSAS. 

This State lies South of Missouri, and was once attached 
to it. It has a fine climate and prolific soil. The first set- 



HISTORY OF THE STATES. 143 

tlement of whites within its limits was made at Arkansas 
Post, in the year 1685. The earlier inhabitants were 
French. Its progress, for many years, was very slow. It 
was not till about the year 1829 that the tide of emigra- 
tion began to flow from the Atlantic States in that direc- 
tion. Little Rock, the early seat of government and the 
present capital, was laid out in the year 1820, during which 
year the first steamboat ascended the Arkansas River. The 
boat was eight days in going from New Orleans to the vil- 
lage of Arkansas — a distance of scarcely one hundred miles 
above the mouth of the Arkansas River. The State once 
contained the remnants of several powerful tribes of In- 
dians. By a treaty made between the Cherokees and the 
United States, the former agreed to give up all their lands 
east of the Mississippi River, and to retire to a region guar- 
anteed to them in the present State of Arkansas. 

The State was admitted into the Union on the 15th of 
June, 1836. It seceded May 6th, 1861, and has since been 
the retreat of guerrillas, aud the scene of some sanguinary 
battles. 

MICHIGAN. 

Was admitted into the Union January 26th, 1837. It had 
the requisite population (60,000) before this, but there 'were 
some difficulties in the way of its admission. In 1837 it 
contained 200,000; in 1840, 212,267, and in 1850, 851,470 
The territory, when first discovered by the whites, con- 
tained a tribe of Indians called Hurons by the French, and 
Iroquois by the Indians themselves. Many of them were 
nonverted to Christianity, by the untiring labors of Cath- 
olic missionaries, as early as 1648. It was not, however, 
till 1670 that the French took possession of the territory. 
It was a portion of the extensive tract explored by the as- 
siduous, daring La Salle. Its progress, while it belonged 
to the French, was very slow. It was not until 1763, when, 
by treaty, it was ceded to Great Britain, that much was 
done in the way of civilizing and improving it. Compar- 
atively little, in fact, was done until 1783, when the terri- 
tory was ceded by England to the United States. Until 
1800 it was, for purposes of Government, considered a part 



144: HISTORY OF THE STATES. 

of the Great North-western Territory. After Ohio, Indi- 
ana, and Illinois had been severally detached, the remain- 
der, in 1805, became a distinct territory, the first Governor 
of which was General Hull, by appointment of President 
Jefferson. Michigan suffered much from the war of 1812. 
For about two years nearly the whole territory was the 
theater of sanguinary conflicts. It was exposed to the bar- 
barity of the enemy and their Indian allies. Since then, 
however, its enterprising inhabitants have brought it up to 
a degree of improvement which few States of its age can 
boast. Its strength was offered the Government in 1861, 
and it continues as well as it began. Its population, in 
1860, was 749,113. 

IOWA. 

This State derives its name from the Indians. It was 
included in the Louisiana purchase. It was first settled 
at Dubuque, by the French, in the year 1686. This set- 
tlement, however, does not seem to have been permanent, 
nor productive of any real good to the territory. In 1833 
Burlington was settled by emigrants from the eastern States. 
It formed a part of Missouri from 1804 to 1821, when it 
was included iu Michigan Territory. It subsequently be- 
longed to Wisconsin Territory. It was admitted into the 
Union March 3d, 1845. It is a highly prosperous State, 
having a vast extent of rich soil and excellent pasturage. 
It is faithful to the Union ; placed itself in the front rank 
at the commencement of the Rebellion. 

TEXAS. 

The territory of Texas was explored by Ponce de Leon 
and La Salle. After Mexico became independent of Spain, 
a grant which had been made to Moses Austin, a native of 
Connecticut, comprising a large tract of this province, was 
confirmed by the new Republic ; and, being transferred by 
Moses Austin, at his death, to his son, Stephen, was sub- 
sequently enlarged by a further grant. Emigration from 
the United States was encouraged, and in 1830 nearly ten 
thousand Americans were settled in Texas. The prosperity 



HISTORY OF THE STATES. 145 

of these inhabitants excited the jealousy of Mexico, and 
under the administration of Santa Anna, an unjust, op- 
pressive policy was adopted toward Texas. Remonstrance 
proving useless, the people of the territory declared them- 
selves independent. The revolution began in 1835, by a 
battle at Gonzales, in which five hundred Texans defeated 
over one thousand Mexicans. Other engagements followed, 
the result of which was the dispersion of the Mexican army. 
Santa Anna now redoubled his efforts, and appearing in 
March, 1835. with a force of eight thousand men, several 
bloody battles followed. On the 21st of April, having un- 
der his immediate command one thousand and five hundred 
men, he was met by General Sam. Houston, with eight hun- 
dred men, and totally defeated, on the banks of the San 
Jacinto. Santa Anna himself was captured the next day 
in the woods, when he acknowledged the independence of 
Texas, though the Mexican Congress refused to ratify the 
act. Active hostilities, however, were now abandoned, and 
the independence of Texas was acknowledged by the United 
States, Great Britain, and other European countries. It 
was in this condition of things that Texas was annexed to 
the United States. On the 24th of December, 1845, it was 
admitted into the Union, which act was ratified by the 
Texan Legislature, July 4th, 1846. But Mexico, still re- 
garding Texas as a revolted province, refused to acknowl- 
edge the validity of this measure. The result was a war 
between Mexico and the United States, which terminated 
on the 2d of February, 1848, in a treaty by which the 
latter power, in consideration of the payment of a debt of 
$3,500,000, due from Mexico to the citizens of Texas, ac- 
quired New Mexico, Texas, and California. The progress 
of Texas from this time till the eve of the great Rebellion, 
was almost unprecedented, no less than twenty-five thou- 
sand Germans having emigrated to that State in five years' 
time. These, however, owing to the jealousy aroused 
against them by their having demonstrated the superiority 
of free labor, even in a slave State, were obliged to mi- 
grate to Mexico in the year 1860. By this and other op- 
pressive acts on the part of the advocates of slavery, Texas, 
purchased by the blood and treasure of the United States, 
13 



146 HISTORY OF THE STATES. 

was driven into the whirlpool of secession, March 4th, 
1861. Its population, in 1860, was 604,215. The first 
settlement within its borders was made by the Spaniards, 
at St. Antonia de Bexar, in 1690. 



WISCONSIN 

Was admitted into the Union May 29th, 1848. It was a 
part of the extensive territory ceded by France to Great 
Britain in the treaty of 1763. At the close of the Revolu- 
tion it was given up by Great Britain to the United States. 
It was erected into a territory in 1836, the portion now form- 
ing the State of Iowa being detached in 1838. Its natural 
resources are extraordinary, the climate being very health- 
ful, and the soil unsurpassed in fertility. It was settled in 
the year 1669, at Green Bay, by the French. It is thor- 
oughly loyal to the Union. In 1860, it had a population 
of 775,881. 

MINNESOTA 

Lies north of Iowa, and extends to the Canadian bound- 
ary. On tbe north-east it touches Lake Superior, and, to 
the west, is bounded by Dakotah Territory. It comprises 
the head waters of the Mississippi, and abounds in rivers 
and lakes, teeming with fish. Its soil is highly prolific, 
and its forests are among the finest in the world. Its name 
is derived from Minnisotah, the Indian name of St. Peter's 
River. Primarily discovered by La Salle, it, for some years, 
belonged to the French, and at a very early period was 
traversed by their traders and soldiers. It was ceded to 
Great Britain by the treaty of 1763, and to the United 
States at the peace of 1783. It received a territorial gov- 
ernment in 1849, and was admitted into the Union in May, 
1858. It has still, within its borders, several bands of the 
Chippewaa, with whom considerable trouble has been experi- 
enced since the breaking out of the rebellion. It is, however, 
a thrifty, growing State, and is thoroughly loyal. It was set- 
tled in 1816, at St. Paul, by emigrants from the eastern 
States. 



HISTORY OP THE STATES. 147 

OREGON 

Was admitted into the Union in the year 1859. It, prim- 
arily, included Washington Territory, and, with the latter, 
comprised the extensive tract lying between the British Pos- 
sessions, on the north, and California, on the south ; the 
Rocky Mountains, on the east, and the Pacific Ocean, on the 
west. The coasts of this region were discovered by the Span- 
iards in the 16th century. In 1792, Capt. Grey, of Boston, 
discovered and entered the Columbia River, and thus the 
United States acquired the right of sovereignty over the ter- 
ritory. The exploration of the country from the Missouri 
to the Columbia, by Lewis and Clark, government appointees, 
in 1804-5-6, strengthened this claim. The British, how- 
ever, laid claim to the northern part of the territory, which 
gave rise to a threatening dispute between Great Britain 
and the United States. But the difficulty was adjusted by 
a treaty in 1846, establishing the boundary of 49°, north 
latitude. The State still contains the Flathead, Pend 
Oreille, Spokane, Shoshane, and other tribes of Indians, 
who are, for the most part, in the savage state, though the 
Christian missionaries have done much in the way of civ- 
ilizing a portion of them. The furs of this region, those of 
the badger, beaver, bear, fisher-fox, lynx, martin, mink, 
muskrat, etc., have long been a great source of revenue. 

The American fur companies established trading posts in 
Oregon at an early period, that of Astoria being founded in 
1810, under the auspices of the late John Jacob Astor, of 
New York. It was settled, at Astoria, by emigrants from 
the Eastern States, in the year 1811. Its population 
amouuted to 52,465 in 1860. 



KANSAS. 

About the development of this young State cluster some 
of the most important events of American history. Its ter- 
ritorial organization, by the passage of the Kansas-Nebraska 
Bill, in 1854, re-opened the agitation of the slavery ques- 
tion, which seeming to have acquired fresh vigor and viru- 
lence from the sleep it had enjoyed under the Missouri Com- 



148 HISTORY OF THE STATES. 

promise, thoroughly aroused the old animosities between the 
pro and antislavery elements of our national politics. 
From 1854 to 1857 it was the theater of political tragedies, 
the bare mention of which may well put the blush of shame 
upon even the most fool-hardy partisan ; and the historian 
has well said that these dire afflictions might have been ex- 
pected when the bill organizing Kansas Territory was passed. 
No sooner was it decided that this territory was open alike 
to the abolitionist and the slave-holder, than the Emigrant 
Aid Societies of New England and the pro-slavery organ- 
izations of the South began pouring streams of settlers into it 
of opposite political views, entertaining the most hostile feel- 
ings, each party toward the other ; and, as the legitimate result, 
came a civil war, which lasted about two years, and which, 
in some of its incidents would have shamed even savages. 
The Territory made application to Congress, in 1857, for 
a place in the Union, but the Constitution under which it 
asked admission (the one framed at Lecompton) was known 
to be a fraudulent affair, and hence Kansas was rejected. 
The discussion of this Constitution caused a permanent di- 
vision of the Democratic party. The Constitution was re- 
jected by the people of Kansas by a majority of 10,000. 
Kansas was, however received into the Union, in 1861, under 
a free State Constitution, formed at Topeka. 

CALIFORNIA 

Was admitted into the Union on the 7th of September, 1850. 
The alarming discussion which occured upon the question 
of admission was what gave rise to the compromise measures 
of 1850, popularly styled the Omnibus Bill. The measures 
are presented in detail in another part of this work. 

General Fremont, with a small but dauntless band of ran- 
gers, conquered California in 1846, having defeated, on fre- 
quent occasions, vastly superior forces of Mexicans. Its 
resources as a farming country early attracted attention. 
But when, in February, 1848, it was published that gold in 
quantities had been found on a branch of the Sacramento, 
the swarm of emigrants which rushed in, comprising rep- 
resentatives from every State in the Union, and from nearly 



HISTORY OP THE STATES. 149 

all the nations of Europe, was almost incalculable. From 
a small village, San Francisco was rapidly inflated to a large 
city. In many places towns sprang up like mushrooms. 
Owing to the fact that its population had been thrown has- 
tily together, from so many places, and in consequence of 
the want of a government, California was, for some time, the 
scene of many dark crimes and hideous outrages. Never 
was the want of wholesome legal restraint more keenly felt 
than here. The Constitution of California was framed by 
a convention of delegates in 1849. It took a firm stand 
for the Union in 1861. The first settlement, within its 
limits, was made at San Diego, by the Spanish, in 1764. 
It furnishes annually to the Government, seventy to eighty 
millions of dollars in gold. 

WEST VIRGINIA. 

On Virginia's passing the ordinance of secession, mass 
meetings were immediately held in West Virginia, to take 
into consideration the best means of preserving their alle- 
giance to the United States. A convention of nearly five 
hundred delegates assembled there early in May, 1861. 
which declared the ordinauce of secession to be null and 
void, and elected delegates to a general convention, to meet at 
Wheeling, to devise such measures as the welfare of the peo- 
ple might demand. On the 20th of August, 1861, the con- 
vention passed an ordinance to provide for the formation of a 
new State out of a portion of the territory of Virginia. In 
compliance with its provisions, delegates were elected to a 
constitutional convention, which assembled at Wheeling, No- 
vember 26, 1861, which proceeded to draft a Constitution, 
which was submitted to the people on the first Thursday of 
April, 1862. The vote in favor was 18,862; that against 
514. On the 31st of December, 1862, Congress passed an 
act admitting West Virginia into the Union on an equal 
footing with the original States, in all respects whatever, 
allowing them three members in the House of Representa- 
tives of the United States. On the 1st of November, 1862. 
the State had furnished to the Federal Army nearly 20,000 
men. 



150 HISTORY OF THE STATES. 

NEVADA. 

This Territory having formed a State Constitution, under an 
enabling act previously passed by Congress, was admitted as a 
member of the Federal Union, on an equal footing with the 
original States. The State convention was held at so late a 
period of the year, that it was necessary to telegraph the 
Constitution to Washington, in order that it might be re- 
ceived there in time to secure the admission of the State 
previous to the Presidential election. Immediately upon its 
reception, President Lincoln issued a proclamation, dated 
October 31st, A. D. 1864, in which he " declared and pro- 
claimed that the said State of Nevada is admitted into the 
Union, on an equal footing with the original States," etc. 
The vote of the State at the Presidential election, in 1864, 
was 16,420 — of which Mr. Lincoln received 9,826, and Gen- 
eral McClellan 6,594. Majority for Mr. Lincoln, 3,232. This 
new State is probably the richest in the Union in respect 
to mineral resources. No region in the world is richer in 
argentiferous leads. Her silver mines are her great source of 
wealth. The Washoe region maintains the preeminence in 
these mineral resources. 

NEBRASKA. 

Nebraska was organized into a Territory in 1850. The 
first settlers were Americans. In the last few years it has 
increased in wealth and population more rapidly than any 
of the adjoining States or Territories, Probably the chief 
cause of this has been occasioned by the Pacific Railroad 
passing directly through the State from east to west. It is 
impossible, at the present time, to estimate the advantage it 
will be to the State in developing its resources. The value 
of its minerals in the western portion of the State is incal- 
culable. It has fair prospects of becoming one of the rich- 
est mineral and agricultural States in the Union. Omaha, 
the capital, is a city of considerable commercial importance, 
being located at the junction of the Missouri River and the 
Pacific Railroad. In 1866, the Territory applied for ad- 
mission into the Union, but, on account of the word " white " 
being used in its Constitution, it was rejected. The word 
was then stricken out, after which it was admitted, February, 
1867 — the bill for admission having been passed over the 
President's veto. 



HISTORY OF THE STATES. 151 



COLORADO. 



Colorado was organized as a Territory March 2, 1861, 
from parts of Kansas, Nebraska, and Utah. 

March 3, 1875, it was admitted into the Union of 
States — the thirty-eighth. 

It is situated on each side of the Rocky Mountains, 
and has an area of 106,475 square miles. It is a superior 
grazing and cattle producing region, with a healthy climate 
and rich soil. An extensive coal-bed, and also gold, iron, 
and other minerals abound. Its population is rapidly 
increasing. Several growing towns serve as centers of 
supply and trade, and offer fine facilities for schools and 
churches. The " Colorado Springs," near Denver, are 
much resorted to, especially by asthmatics. The scenery 
at Pike's Peak and many of the canyons is sublimely 
grand and beautiful. 



PROPOSED CRITTENDEN COMPROMISE. 



At the commencement of the Congressional session of 
1860, the portentous clouds of civil war, gathering and 
blackening in the southern horizon of our national sky, filled 
the hearts of the stoutest patriots with the most gloomy ap- 
prehensions, and cast a melancholy shadow over every Union- 
loving soul throughout the country, somewhat akin to that 
which hovers over an affectionate sou or daughter, upon 
the approaching dissolution of a cherished, devoted mother. 
The following compromise, offered by Senator Crittenden, 
December 19, 1860, is one of the many measures proposed 
in Congress for adjusting the difficulties of that period: 

Resolved, By the Senate and House of Representatives, 
That the following articles be proposed and submitted as an 
amendment to the Constitution, which shall be valid as a 
part of the Constitution, when ratified by the conventions 
of three-fourths of the people of the States : 

1st. In all the territory now or hereafter acquired, north 
of 36° 30', slavery, or involuntary servitude, except for the 
punishment of crime, is prohibited; while in all the terri- 
tory south of that, slavery is hereby recognized as existing, 
and shall not be interfered with by Congress, but shall be 
protected as property by all the departments of the terri- 
torial government during its continuance. All the territory 
north or south of said line, within such boundaries as Con- 
gress may prescribe, when it contaius a population neces- 
sary for a member of Congress, with a Republican form of 
government, shall be admitted into the Union on an equality 
with the original States, with or without slavery, as the 
Constitution of the State shall prescribe. 

2d. Congress shall have no power to abolish slavery in 
the State permitting it. 

3d. Congress shall have no power to abolish slavery in 
the District of Columbia while it exists in Virginia and 
152 



PROPOSED CRITTENDEN COMPROMISE. 153 

Maryland, or either; nor shall Congress at any time pro- 
hibit the officers of Government, or members of Congress, 
whose duties require them to live in the District of Colum- 
bia, bringing slaves there and using them as such. 

4th. Congress shall have no power to hinder the trans- 
portation of slaves from one State to another, whether by 
land, navigable river, or sea. 

5th. Congress shall have the power, by law, to pay any 
owner the full value of any fugitive slave, in all cases where 
the marshal is prevented from discharging his duty by force 
or rescue, made after arrest. In all such cases the owner 
shall have the power to sue the county in which the rescue 
or violence was made ; and the county shall have the right 
to sue the individuals who committed the wrong, in the same 
manner as the owner would sue. 

6th. No future amendment or amendments shall affect 
the preceding article ; and Congress shall never have power 
to interfere with slavery within the States where it is per- 
mitted. 



LINCOLN'S EMANCIPATION PROCLA- 
MATION. 



Whereas, On the twenty-second day of September, in the 
year of our Lord, one thousand eight hundred and sixty- 
two, a proclamation was issued by the President of the 
United States, containing among other things the following, 
to wit : 

That, on the first day of January, in the year of our 
Lord, one thousand eight hundred and sixty-three, all per- 
6ons held as slaves within any State, or designated part of 
a State, the people whereof shall then be in rebellion against 
the United States, shall be then, thenceforth and forever 
free, and the Executive Government of the United States, 
including the military and naval authorities thereof, will rec- 
ognize and maintain the freedom of such persons, or any of 
them, in any efforts they may make for their actual freedom. 

That the Executive will, on the first day of January 
aforesaid, by proclamation, designate the States and parts 
of States, if any, in which the people therein respectively 
shall then be in rebellion against the United States, and 
the fact that any State, or the people thereof, shall on that 
day be in good faith represented in the Congress of the 
United States by members chosen thereto, at elections 
wherein a majority of the qualified voters of such States 
shall have participated, shall, in the absence of strong coun- 
tervailing testimony, be deemed conclusive evidence that 
such State and the people thereof are not then in rebellion 
against the United States. 

Now, therefore, I, Abraham Lincoln, President of the 
United States, by virtue of the power in me vested as Com- 
mander-in-Chief of the Army and Navy of the United 
States, in time of actual armed rebellion against the au- 
thority and Government of the United States, and as a fit 
154 





£ '/' I /, 



EMANCIPATION PROCLAMATION. 155 

neceHsary war measure for suppressing said rebellion, do, 
on this first day of January, in the year of our Lord, one 
thousand eight hundred and sixty-three, and in accordance 
with ray purpose so to do, publicly proclaimed for the full 
period of one hundred days from the day of the first above- 
mentioned order, and designate, as the States and parts of 
States wherein the people thereof respectively are this day 
iu rebellion against the United States, the following, to 
wit: Arkansas, Texas, Louisiana, except the parishes of 
St. Bernard, Plaquemines, Jefferson, St. John, St. Charles, 
St. James, Ascension, Assumption, Terre Bonne, Lafourche, 
St. Mary, St. Martin and Orleans, including the city of New 
Orleans. Mississippi, Alabama, Florida, Georgia, South 
Carolina, North Carolina, and Virginia, except the forty- 
eight counties designated as West Virginia, and also the 
counties of Berkeley, Accomac, Northampton, Elizabeth 
City, York, Princess Ann, and Norfolk, including the cities 
of Norfolk and Portsmouth, and which excepted parts are, 
for the present, left precisely as if this proclamation were 
not issued. 

And by virtue of the power, and for the purpose afore- 
said, I do order and declare that all persons held as slaves 
within said designated States and parts of States are, and 
henceforward, shall be free ; and that the Executive Gov- 
ernment of the United States, including the military and 
naval authorities thereof, will recognize and maintain the 
freedom of said persons. 

And I hereby enjoin upon the people so declared to be 
free to abstain from all violence, unless in necessary self- 
defense; and I recommend to them that, in all cases, when 
allowed, they labor faithfully for reasonable wages. 

And I further declare and make known that such per- 
sons of suitable condition will be received into the armed 
service of the United States, to garrison forts, positions, 
stations, and other places, and to man vessels of all sorts 
in said service. 

And upon this, sincerely believed to be an act of jus- 
tice, warranted by the Constitution upon military necessity, 
I invoke the considerate judgment of mankind and the gra- 
cious favor of Almighty God. 



156 EMANCIPATION PROCLAMATION. 

In witness whereof I have hereunto set my hand and 
caused the seal of the United States to be affixed. 

Done at the City of Washington, this first day of Jan- 

uary, in the year of our Lord one thousand 

/^l\ eight hundred and sixty-three, and of the In- 
ViT^v' dependence of the United States of America 

the eighty-seventh. 
By the President: Abraham Lincoln. 

William H. Seward, Secretary of State. 

LETTER FROM THE PRESIDENT EXPLAINING THE 
EMANCIPATION PROCLAMATION. 

The following letter, written in August, 1863, in answer 
to an invitation to attend a meeting of unconditional Union 
men held in Illinois, gives at length the President's views 
at that time on his Emancipation Proclamation : 

Executive Mansion, Washington, August '26th, 1863. 
My Dear Sir: Your letter inviting me to attend a 
mass-meeting of unconditional Union men, to he held at 
the capitol of Illiuois on the third day of September, has 
been received. It would be very agreeable to me to thus 
meet my old frieuds at my own home, but I can not just 
now be absent from this city so long as a visit there would 
require. The meeting is to be of all those who maintain 
unconditional devotion to the Union; and I am sure my 
old political friends will thank me for tendering, as I do, 
the nation's gratitude to those other noble men whom no 
partisan malice or partisan hope can make false to the na- 
tion's life. There are those who are dissatisfied with me. 
To such I would say, You desire peace, and you blame 
me that you do not have it. But how can we attain it? 
There are but three conceivable ways: First, to suppress 
the rebellion by force of arms. This I am tryiug to do. 
Are you for it? If you are, so far we are agreed. If you 
are not for it, a second way is to give up the Union. I 
am against this. If you are, you should say so, plainly. 
H you are not for force, nor yet for dissolution, there only 
remains some imaginable compromise. I do not believe 



EMANCIPATION PROCLAMATION. 157 

that any compromise, embracing the maintenance of the 
Union, is now possible. All that I learn leads to a di- 
rectly opposite belief. The strength of the rebellion is 
its military — its army. Tlie army dominates all the coun- 
try and all the people within its range. Any offer of any 
terms made by any man or men within that range, in op- 
position to that army, is simply nothing for the present, 
because such man or men have no power whatever to en- 
force their side of a compromise, if one were made with 
them. To illustrate : Suppose refugees from the South 
and peace men of the North get together in convention, 
and frame and proclaim a compromise embracing a restor- 
ation of the Union ; iu what way can that compromise be 
used to keep General Lee's army out of Pennsylvania? 
General Meade's army can keep Lee's army out of Penn- 
sylvania, and, I think, can ultimately drive it out of ex- 
istence. But no paper compromise, to which the controll- 
ers of Lee's army are not agreed, can at all affect that 
army. In an effort at such compromise we would waste 
time, which the enemy would improve to our disadvantage, 
and that would be all. A compromise, to be effective, 
must be made either with those who control the rebel 
army, or with the people, first liberated from the domi- 
nation of that army by the success of our army. Now, 
allow me to assure you that no word or intimation from 
the rebel army, or from any of the men controlling it, in 
relation to any peace compromise, has ever come to my 
knowledge or belief. All charges and intimations to the 
contrary are deceptive and groundless. And I promise 
you that if any such proposition shall hereafter come, it 
shall not be rejected and kept secret from you. I freely 
acknowledge myself to be the servant of the people, ac- 
cording to the bond of service, the United States Consti- 
tution, and that, as such, I am responsible to them. But, 
to be plain: You are dissatisfied with me about the negro. 
Quite likely there is a difference of opinion between you 
and myself upon that subject. I certainly wish that all 
men could be free, while you, I suppose, do not. Yet I 
have neither adopted nor proposed any measure which is 
not consistent with even your view, provided you are for 



158 EMANCIPATION PROCLAMATION. 

the Union. I suggested compensated emancipation ; to 
which you replied that you wished not to be taxed to buy 
ncToes. But I have not asked you to be taxed to buy 
negroes, except in such way as to save you from greater 
taxation, to save the Union exclusively by other means. 

You dislike the Emancipation Proclamation, and perhaps 
would have it retracted. You say it is unconstitutional. 
I think differently : I think that the Constitution invests 
the Commander-in-Chief with the law of war in time of 
war. The most that can be said, if so much, is, that the 
slaves are property. Is there — has there ever been — any 
question that, by the law of war, property, both of ene- 
mies and frieuds, may be taken when needed ? And is it 
not needed whenever taking it helps us, or hurts the en- 
emy? Armies, the world over, destroy enemies' property 
when they can not use it; and even destroy their own to 
keep it from the enemy. Civilized belligerents do all in 
their power to help themselves or hurt the enemy, except 
a few things regarded as barbarous or cruel. Among the 
exceptions are the massacre of vanquished foes and non- 
combatants, male and female. But the proclamation, as 
law, is valid, or is not valid. If it is not valid, it needs 
no retraction; if it is valid, it can not be retracted, any 
more than the dead can be brought to life. Some of you 
profess to think that its retraction would operate favorably 
for the Union. ^Vhy better after the retraction than be- 
fore the issue ? There was more than a year and a half 
of trial to suppress the rebellion before the proclamation 
was issued, the last one hundred days of which passed 
under an explicit notice that it was coming, unless averted 
by those in revolt returning to their allegiance. The war 
has certainly progressed as favorably for us since the issue 
of the proclamation as before. I know as fully as one can 
know the opinion of others, that some of the commanders 
of our armies in the field, who have given us our most 
important victories, believe the emancipation policy and 
the aid of colored troops to be the heaviest blows yet dealt 
to the rebellion, and that at least one of these important 
successes could not have been achieved when it was hut 
for the aid of black soldiers. Among the commanders 



EMANCIPATION PROCLAMATION. 159 

holding these views are some who have never had any 
.affiuity with what is called abolitionism or with "Repub- 
lican party politics," but who hold them purely as mili- 
tary opinions. I submit their opinions as being entitled 
to some weight against the objections often urged, that 
emancipation and arming the blacks are unwise as military 
measures, and were not adopted as such in good faith. 
You say that you will not fight to free negroes. Some 
of them seem to be willing to fight for you — but no mat- 
ter. Fight you, then, exclusively, to save the Union. I 
issued the proclamation on purpose to aid you in saving 
the Union. Whenever you shall have conquered all re- 
sistance to the Union, if I shall urge you to continue fight- 
ing, it will be an apt time then for you to declare that you 
will not fight to free negroes. I thought that, in your 
struggle for the Union, to whatever extent the negroes 
should cease helping the enemy, to that extent it weak- 
ened the enemy in his resistance to you. Do you think 
differently? I thought that whatever negroes can be got 
to do as soldiers, leaves just so much less for white sol- 
diers to do in saving the Union. Does it appear other- 
wise to you? But negroes, like other people, act upon 
motives. Why should they do any thing for us if we will 
not do any thing for them? If they stake their lives for 
us, they must be prompted by the strongest motive, even 
the promise of freedom. And, the promise being made, 
must be kept. The signs look better. The Father of 
Waters again goes unvexed to the sea. Thanks to the 
great North-west for it. Not yet wholly to them. Three 
hundred miles up they met New England, Empire, Key- 
stone, and Jersey, hewing their way right and left. The 
Sunny South, too, in more colors than one, also lent a 
hand. On the spot, their part of the history was jotted 
down in black and white. The job was a great national 
one, and let none be blamed who bore an honorable part 
in it ; and, while those who have cleared the great river 
may well be proud, even that is not all. It is hard to say 
that any thing has been more bravely or better done than 
at Antietam, Murfreesboro', Gettysburg, and on many fields 
of less note. Nor must Uncle Sam's web-fleet be forgot- 



160 EMANCIPATION PROCLAMATION. 

ten. At all the waters' margins they have heen present — 
not only on the deep sea, the broad bay, and the rapid river, 
but also up the narrow, muddy bayou ; and, wherever the 
ground was a little damp, they have been, and made their 
tracks. Thanks to all. For the great republic — for the 
principles by which it lives and keeps alive — for man's 
vast future — tbanks to all. Peace does not appear so far 
distant as it did. I hope it will come soon, and come to 
stay ; and so come as to be worth keeping in all future 
time. It will then have proved that among freemen there 
can be no successful appeal from the ballot to the bullet, 
and that they who take such appeal are sure to lose their 
case and pay the cost. And then there will be some black 
men who can remember that, with silent tongue, and clenched 
teeth, and steady eye, and well -poised bayonet, they have 
helped mankind on to this great consummation; while I fear 
that there will be ■some white men unable to forget that, with 
maglignant heart and deceitful speech, they have striven to 
hinder it. Still, let us not be over-sanguine of a speedy 
final triumph. Let us be quite sober. Let us diligently 
apply the means, never doubting that a just God, in Hia 
own good time, will give us the rightful result. 

Yours, very truly, A. Lincoln. 



JOHNSON'S AMNESTY PROCLAMATION. 



By the President of the United States of America : 

Whereas, The President of the United States, on the 8th 
day of December, 1863, and on the 26th day of March, 1864, 
did, with the object of suppressing the existing rebellion, to 
induce all persons to return to their loyalty and to restore 
the authority of the United States, issued Proclamations 
offering amnesty and pardon to certain persons who had 
directly or by implication engaged in said rebellion, and 

Whereas, Many persons who had so engaged in the said 
rebellion, have, since the issue of said Proclamation, failed 
or neglected to take the benefits offered thereby ; and whereas, 
many persons who have been justly deprived of all claim to 
amnesty and pardon thereunder by reason of their partici- 
pation directly or by implication in said rebellion, and con- 
tinued hostile to the Government of the United States since 
the date of said Proclamation, now desire to apply for and 
obtain amnesty and pardon ; to the end, therefore, that the 
authority of the Government of the United States may be 
restored, and that peace, order, and freedom may be estab- 
lished. 

I, Andrew Johnson, President of the United States, do 
proclaim and declare that I hereby grant to all persons who 
have directly or indirectly participated in the existing re- 
bellion, except as hereinafter excepted, amnesty and pardon, 
with the restoration of all the rights of property, except as 
to slaves, except in cases where legal proceedings under the 
laws of the United States, providing for the confiscation of 
property of persons engaged in the rebellion, have been in- 
stituted ; but on the condition, nevertheless, that every such 
person shall take and subscribe the following oath, which 
shall be registered for permauent preservation, and shall bo 
the tenor and effect of the following, to wit : 

U 161 



102 AMNESTY PROCLAMATION. 

" I do solemnly swear or affirm, in the presence of Al- 
mighty God, that I will henceforth faithfully defend the Con- 
stitution of the United States and the Union of the States 
thereunder; aud that I will in like manner abide by and 
faithfully support all laws and proclamations which have 
been made during the existing rebellion, with reference to 
the emancipation of slavery, so help me God." 

The following classes of persons are excepted from the 
benefits of this proclamation : 

First — All who are, or shall have been, pretended civil 
or diplomatic officers or otherwise, domestic or foreign agents 
of the pretended Confederate Government. 

Secoiul — All who left judicial stations under the United 
States to aid the rebellion. 

Third — All who shall have been military or naval officers 
of said pretended Confederate Government above the rank 
of Colonel in the Army, or Lieutenant in the Navy. 

Fourth — All who left seats in the Congress of the United 
States to aid the rebellion. 

Fifth — All who resigned or tendered the resignation of 
their commissions in the Army or Navy of the United States, 
to evade the duty in resisting the rebellion. 

Sixth — All who have engaged in any way in treating other- 
wise than lawfully as prisoners of war, persons found in the 
United States service, as officers, soldiers, seamen, or in 
other capacities. 

Seventh — All persons who have been or are absentees from 
the United States for the purpose of aiding the rebellion. 

Eighth — All military or naval officers in the rebel service 
who were educated by the Government in the military acad- 
emy at West Point, or in the United States Naval Acad- 
emy. 

Ninth — All persons who hold the pretended offices of 
Governors of States in insurrection against the United 
States. 

Tenth — All persons who left their homes within the juris- 
diction and protection of the United States and passed be- 
yond the Federal military lines into the So-called Confed- 
erate States for the purpose of aiding the rebellion. 

Eleventh — All persons who have engaged in the destruc- 



AMNESTY PROCLAMATION. 163 

tion of the commerce of the United States upon the high 
seas, and all persons who have made raids into the United 
States from Canada, or been engaged in destroying the com- 
merce of the United States upon the lakes and rivers that 
separate the British Provinces from the United States. 

Timlfth — All persons who, at the time when they seek to 
obtain the benefits hereof, by taking the oath prescribed, 
are in military, naval or civil confinement or custody, or un- 
der bond of the military or naval authorities, or agents of 
the United States, as prisoners of war, or persons detailed 
for offenses of any kind, either before or after the con- 
viction. 

Thirteenth — All persons who have voluntarily participated 
in said rebellion, and the estimate value of whose taxable 
property is over S20,000. 

Fourteenth — All persons who have taken the oath of Am- 
nesty as prescribed in the President's Proclamation, Decem- 
ber 28th, 1863, or the Oath of Allegiance to the Government 
of the United States since the date of said Proclamation, 
and who have not thenceforward kept and maintained the 
same inviolate. Provided that special application may be 
made to the President for pardon by any person belonging 
to the excepted class, and such clemency will be liberally 
extended as may be consistent with the facts, and the peace 
and dignity of the United States. The Secretary of State 
will establish rules and regulations for administering and re- 
cording said Amnesty Oath, so as to insure its benefits to 
the people, aud guard the Government against fraud. 

In testimony whereof, I have hereunto set my hand and 
caused the Seal of the United States to be af- 
fixed. Done at the City of Washington, this 
29th day of May, A. D. 1865, and of the Inde- 
pendence of the United States, the eighty-ninth. 
(Signed.) 

By the President: Andrew Jojinson. 

W. H. SEWARD, Secretary of State. 



IMPEACHMENT TRIAL OF ANDREW 
JOHNSON. 



The events which led to tho impeachment of President Johnson, 
may be briefly stated as follows: On the '21st of February, 1808, 
the President issued an order to Mr. Stanton, removing him from 
ollice as Secretary of War, and another to General Lorenzo Thomas, 
Adjutant-General of the Army, appointing him Secretary of War 
ad interim, directing the one to surrender and the other to receive, 
all the books, papers, and public property belonging to the War 
Department. As these orders fill an important place in the his- 
tory of the impeachment, we give them here. The order to Mr. 
St ;> a i ii n reads: 

" 15y virtue of the power and authority vested in me as Presi- 
dent by the Constitution and laws of the United States, you are 
hereby removed from office as Secretary for the Department of 
War, and your functions as such will terminate upon the receipt 
of this communication. You will transfer to Brevet Major-Geii- 
eral Lorenzo Thomas, Adjutant-General of the Army, who has this 
day been authorized and empowered to act as Secretary of War 
ad interim, all records, books, papers, and other public property now 
in your custody and charge." 

The order to General Thomas reads: 

"The lion. Edwin M. Stanton having been this day removed from 
ollice as Secretary lor the Department of War, you are hereby au- 
thorized and empowered to act as Secretary of War ad interim, and 
will immediately enter upon the discharge of the duties pertaining 
to that ollice. Mi-. Stanton has been instructed to transfei to you 
all the records, books, and other public property now in his cus- 
tody and charge." 

These orders having been officially communicated to the Senate, 
that body, after an earnest debaie, passed the following resolution : 

^Resolved by the S<n>tte of the United States, That under the Con- 
stitution and laws of the United States the President has no power 
to remove the Secretary of War and designate any other officer to 
perform the duties of that office." 

The President, upon the 24th, sent a message to the Senate, 
arguing at length that not only under the Constitution, bul also 
under the laws as now existing, he had the right of removing Mr. 
Stanton and appointing another to fill his place. The point of his 
argument is: That by a special proviso in the Tcnure-of-Olfice Dill 
the various Secretaries of Departments ''shall hold their offices 
respectively for and during the term of the l'resideut by whom 
lO-A 



IMPEACHMENT TI'JAE OF ANDiiEW JOHJTgOBT. 165 

they may have been appointed, and for one month thereafter, 
Subject to removal by and with the advice of the I 

-.lent affirms that Mr. .Stanton was appointed not by him, 
but by his predecessor, Mr. Lincoln, and held office only by the 
sufferance, not the appointment, of the present Executive: and 
that therefore his tenure is, by the express reading of the law 
excepted from the general provision, thai every person duly ap- 
pointed to office : by and with the advice and consent of the Sen- 
ate, ' etc., shall be -'entitled to hold office until a successor shall 
have been in like manner appointed and duly qualified, except as 
herein otherwise provided.'' The essential point of the President's 
argument, therefore, is that, as Mr. Stanton was not appointed by 
him, he hud, under the Tenure-of-Otfice Bill, the right at any time 
to remove him; the same right which his own successor would 
have, no matter whether the incumbent had, by sufferance, not by 
appointment of the existing Executive, held the offic Its or 

ev.-n years. u l resident, -my successor would have 

the power to remove Mr. Stanton, alter permitting him to remain 
a period of two weeks, because be iras not appointed bj fa 
who have tolerated Mr. Stanton for mote than two years, certainly 
have the same right to remove him. and upon the BSJOe ground, 
namely, that he was not appointed by me but by my predeces- 

In the meantime General Thomas presented himself at the War 
;.t and demanded to be placed in the position to which he 
had been assigned by th- -.ton refused to sur- 

render his post, and ordered General Thomas to proceed to the 
apartment which belonged to him as Adjutant-General. Tins 
order was not obeyed, and so the two claima;.- tary- 

ship of War held their ground. A sort of legal by-play then en- 
Mr. Stanton entered a formal complaint before Judge 
Carter, Chief Justice of the S upr e m e Court of the District of Colum- 
bia, charging that General Thomas : g i and at- 
tempted to exercise the duties ol ! yot War: and had threat- 
ened to '• forcibly remove the complainant from the buildings and 
apartment* of the Secretary of War in the War Department, and 
forcibly take possession and control thereof under his pretended 
appointment by the President of the Uu.-- rotary of 
War ad interim;" and praying that he might be arrested and held 
to answer this charge. General Thomas was accordingly arrested, 
and held to bail in the sum of ; to appear before the court 
on the 24th. Appearing on that day he was discharged from cus- 
tody ami bail; whereupon he entered an action against Mr. Stan- 
Uju for false imprisonment, laying his damages at $150,000. 

On the 22d of February the House Committee on Reconstruction, 
through its Chairman, Mr. .Stevens, presented a brief report, merely 
stating the fact of the attempted removal by the President of Mr. 
Stanton, and closing as follows: 

• Upon the evidence collected by the Committee, which is here- 



166 IMPEACHMENT TRIAL OF ANDREW JOHNSON. 

after presented, and in virtue of the powers with which they have 
been invested by the House, they are of the opinion that Andrew 
Johnson, President of the United States, should be impeached of high 
crimes and misdemeanors. They, therefore, recommend to the 
House the adaption of the following resolution: 

" Resolved, That Andrew Johnson, President of the United States 
be impeached of high crimes and misdemeanors." 

After earnest debate, the question on the resolution was adopted, 
on the 24th, by a vote of 126 to 47. A committee of two members — 
Stevens and Bingham — were to notify the Senate of the action of 
the House; and another committee of seven — Boutwell, Stevens, 
Bingham, Wilson, Logan, Julian, and Ward — to prepare the articles 
of impeachment. On the 25th (February) Mr. Stevens thus an- 
nounced to the Senate the action which had been taken by the 
House: 

"In obedience to the order of the House of Representatives we 
have appeared before you, and in the name of the House of Rep- 
resentatives and of all the people of the United Slates, we do im- 
peach Andrew Johnson, President of the United States, of high 
crimes and misdemeanors in office. And we further inform the 
Senate that the House of Representatives will in due time exhibit 
particular articles of impeachment against him, to make good the 
same ; and in their name we demand that the Senate take due order 
for the appearance of the said Andrew Johnson to answer to the 
said impeachment." 

The Senate thereupon, by a unanimous vote, resolved that this 
message from the House should be referred to a select Committee of 
Seven, to be appointed by the chair, to consider the same and report 
thereon. This Committee subsequently made a report laying down 
the rules of procedure to be observed on the trial. 

On the 29th of February the Committee of the House appointed 
for that purpose presented the articles of impeachment which they 
had drawn up. These, with slight modification, were accepted on 
the 2d of March. They comprise nine articles, eight of which are 
based upon the action of the President in ordering the removal of 
Mr. Stanton, and the appointment of General Thomas as Secretary 
of War. The general title to the impeachment is : 

" Articles exhibited by the House of Representatives of the United 
States, in the name of themselves and all the people of the United 
States, against Andrew Johnson, President of the United States, as 
maintenance and support of their impeachment against him for 
high crimes and misdemeanors in office." 

Faeh of the articles commences with a preamble to the effect that 
the President, "unmindful of the high duties of his office, of his 
oath of office, and of the requirements of the Constitution that he 
should take care that the laws be faithfully executed, did unlaw- 
fully and in violation of the laws and Constitution of the United 
States, perform the several acts specified in the articles respec- 



IMPEACHMENT TRIAL OF ANDREW JOHNSON. 167 

irively;" closing with the declaration: "Whereby the said Andrew 
Johnson, President of the United States, did then and there commit 
and was guilty of a high misdemeanor in office." The phraseology 
is somewhat varied. In some cases the offense charged is desig- 
nated as a "misdemeanor," in others as a "crime." The whole 
closes thus : 

"And the House of Representatives, by protestation, saving to 
themselves the liberty of exhibiting at any time hereafter any 
further articles or other accusation or impeacement against the 
said Andrew Johnson, President of the United States, and also of 
replying to his answers which he shall make to the articles herein 
preferred against him, and of offering proof to the same and every 
part thereof, and to all and every other article, accusation, or im- 
peachment which shall be exhibited by them as the case shall re- 
quire, do demand that the said Andrew Johnson may be put to answer 
the high crimes and misdemeanors in office herein charged against 
him, and that such proceedings, examinations, trials, and judgments 
may be thereupon had and given as may be agreeable to law and 
justice." 

The following is a summary in brief of the points in the articles 
of impeachment, legal and technical phraseology being omitted: 

Article 1. Unlawfully ordering the removal of Mr. Stanton as Sec- 
retary of War, in violation of the provisions of the Tenure-of-Office 
Act. — Article 2. Unlawfully appointing General Lorenzo Thomas as 
Secretary of War ad interim. — Article 3 is substantially the same as 
Article 2, with the addition that there was at the time of the ap- 
pointment of General Thomas no vacancy in the office of Secretary 
of War. — Article 4 charges the President with "conspiring with one 
Lorenzo Thomas and other persons, to the House of Representatives 
unknown," to prevent, by intimidation and threats, Mr. Stanton, the 
legally-appointed Secretary of War, from holding that office. — Ar- 
ticle 5 charges the President with conspiring with General Thomas 
and others to hinder the execution of the Tenure-of-Office Act; and, 
in pursuance of this conspiracy, attempting to prevent Mr. Stanton 
from acting as Secretary of War. — Article 6 charges that the Presi- 
dent conspired with General Thomas and others to take forcible 
possession of the property in the War Department. — Article 7 re- 
peats the charge, in other terms, that the President conspired with 
General Thomas and others to hinder the execution of the Tenure- 
of-Office Act, and to prevent Mr. Stanton from executing the office 
of Secretary of War. — Article 8 again charges the President with 
conspiring with General Thomas and others to take possession of 
the property in the War Department. — Article 9 charges that the 
President called before him General Emory, who was in command 
of the forces in the Department of Washington, and declared to him 
that a law, passed on the 30th of June, 1867, directing that "all 
orders and instructions relating to military operations, issued by 
the President or Secretary of War, shall be issued through the Gen 



108 IMPEACHMENT TRIAL OF ANDREW JOHNSON. 

eral of the Army, find, in case of his inability, through the next in 
rank,'' was unconstitutional, and not. binding upon General Emory; 
the intent, being to induce General Emory to violate the law, and to 
obey orders issued directly from the President. 

The foregoing articles of impeachment were adopted on the 2d 
of March, the votes upon each slightly varying, the average being 
125 ayes to 40 nays. The question then came up of appointment 
of managers on the part of the House to conduct the impeachment 
before the Senate. Upon this question the Democratic members did 
not vote; 118 votes were cast, 60 being necessary to a choice. The 
following was the result, the number of votes cast for each elected 
manager being given : Stevens, of Penn., 105 ; Butler, of Mass., 108 ; 
Bingham, of Ohio, 114; Boutwell, of Mass., 113; Wilson, of Iowa, 
112; Williams, of Penn., 107; Logan, of 111., 106. The foregoing 
seven Representatives were, therefore, duly chosen as Managers 
of the Bill of Impeachment. The great body of the Democratic 
members of the House entered a formal protest against the whole 
course of proceedings involved in the impeachment of the Presi- 
dent. They claimed to represent "directly or in principle more 
than one-half of the people of the United States." This protest 
was signed by forty-five Representatives. 

On the 3d the Board of Managers presented two additional arti- 
cles of impeachment, which were adopted by the House. The first 
charges, in substance, that 

"The President, unmindful of the high duties of his office and of 
the harmony and courtesies which ought to be maintained between 
the executive and legislative branches of the Government of the 
United States, designing to set aside the rightful authority and 
powers of Congress, did attempt to bring into disgrace the Congress 
of the United States and the several branches thereof, to impair 
and destroy the regard and respect of all the good people of the 
United States for the Congress and legislative power thereof, and 
to excite the odium and resentment of all the good people of the 
United States against Congress and the la/vs by it enacted; and in 
pursuance of his said design openly and publicly, and before divers 
assemblages convened in divers parts thereof to meet and receive 
said Andrew Johnson as the Chief Magistrate of the United States, 
did on the 18th day of August, in the year of our Lord 1866, and 
on divers other days and times, as well before as afterward, make 
and deliver with a loud voice certain intemperate, inflammatory, 
and scandalous harangues, and did therein utter loud threats and 
bitter menaces as well against Congress as the laws of the United 
States duly enacted thereby." 

To this article are appended copious extracts from speeches of 
Mr. Johnson. The second article is substantially as follows: 

"The President did, on the 18th day of August, 1866, at the City 
of Washington, by public speech, declare and affirm in substance 
that the Thirty-ninth Congress of the United States was not a Con- 



IMPEACHMENT TRIAL OF ANDREW JOHNSON. 169 

gross of the United States, authorized by the Constitution to exer- 
cise legislative power under the same, but, on the contrary, was a 
Congress of only a part of the States, thereby denying and intend- 
ing 10 deny that the legislation of said Congress was valid or obli- 
gatory upon him, except in so far as he saw fit to approve the same, 
and did devise and contrive means by which he might prevent Ed- 
win M. Stanton from forthwith resuming the functions of the oftice 
of Secretary for the Department of War; and, also, by further un- 
lawfully devising and contriving means to prevent the execution 
of an act entitled 'An act making appropriations for the support 
cf the army for the fiscal year ending June 30, 1808, and for other 
purposes, approved March 2, 1867; and also to prevent the execu- 
tion of an act entitled 'An act to provide for the more efficient 
government of the rebel States,' passed March 2, 1867, did commit 
and was guilty of a high misdemeanor in office." 

On the 4th of March the Senate notified the House that they were 
ready to receive the Managers of the Impeachment. They ap- 
peared, and the articles were formally read. The Senate had 
meanwhile adopted the rules of procedure. Chief Justice Chase 
sent a communication to the Senate to the effect that this body, 
when acting upon an impeachment, was a Court presided over by 
the Chief Justice, and that all orders and rules should be framed 
by the Court. On the Oth the Court was formally organized. An 
exception was taken to the eligibility of Mr. Wade as a member of 
the Court, on the ground that he was a party interested, since, in 
the event of the impeachment being sustained, he, as President of 
the Senate, would become Acting President of the United States. 
This objection was withdrawn, and Mr. Wade was sworn as a mem- 
ber of the Court. On the 7th the summons for the President to 
appear was formally served upon him. On the 13th the Court, was 
again formally reopened. The President appeared by his counsel, 
Hon. Henry Stanbery, of Ohio; Hon. Wm. M. Evarts, of New York; 
Hon. Wm. S. Groesbeck, of Ohio; Hon. Benjamin R. Curtis, of Mas- 
sachusetts; Hon. Thomas A. R. Nelson, of Tennessee, who asked for 
forty days to prepare an answer to the indictment. This was re- 
fused, and ten days granted; it being ordered that the proceedings 
should reopen on the 23d. Upon that day the President appeared 
by his counsel, and presented his answer to the articles of im- 
peachment. This reply was in substance as follows: 

The first eight articles in the Bill of Impeachment, a.s briefly 
summed up in our last record, are based upon the action of the 
President in ordering the removal of Mr. Stanton, and the tempo- 
rary appointment of General Thomas as Secretary of War. The 
gist of them is contained in the first article, charging the unlaw- 
ful removal of Mr. Stanton; for, this failing, the others would fail 
also. To this article a considerable part of the President's answer 
is devoted. It is mainly an amplification of the points put forth 
in the Message of February 24th, in which he gave his reasons for 
15 



170 IMPEACHMEXT TRIAL OF AXDREW JOHXSOX. 

hie orders. The President cites the laws by which this department 
of the administration was created, and the rules laid down for the 
duties pertaining to it; prominent among which are: that the Sec- 
retary shall "conduct the business of the department in such man- 
ner as the President of the United States shall from time to time 
order and instruct;" and that he should "hold the office during the 
pleasure of the President;" and that Congress had no legal right to 
deprive the President of the power to remove the Secretary. He 
was, however, aware that the design of the Tenure-of-Office Bill 
was to vest this power of removal, in certain cases, jointly in the 
Executive and the Senate; and that, while believing this act to be 
unconstitutional, yet it having been passed over his veto by the re- 
quisite majority of two-thirds, he considered it to be his duty to as- 
certain in how far the case of Mr. Stanton came within the pro- 
visions of this law ; after consideration, he came to the conclusion that 
the case did not come within the prohibitions of the law, and that, 
by that law he still had the right of removing Mr. Stanton; but 
that, wishing to have the cas"e decided by the Supreme Court, he, on 
the 12th of August, issued the order merely suspending, not remov- 
ing, Mr. Stanton, a power expressly granted by the Tenure-of-< *ffice 
Act, and appointed General Grant Secretary of War ad interim. The 
President then recites the subsequent, action in the case of Mr. Stan- 
ton; and, as he avers, still believing that he had the constitu- 
tional power to remove him from office, issued the order of February 
21st, for such removal, designing to thus bring the matter before 
the Supreme Court. He then proceeds formally to deny that at 
this time Mr. Stanton was in lawful possession of the office of Secre- 
tary of War; and that, consequently, the order for his removal was 
in violation of the Tenure-of-Office Act; and that it was in viola- 
tion of the Constitution or of any law; or that it constituted any 
official crime or misdemeanor. 

In regard to the seven succeeding articles of impeachment the 
President, while admitting the facts of the order appointing Gen- 
eral Thomas as Secretary of Warorf interim, denies all and every of 
the crimnal charges therein set forth. So of the ninth article, 
charging an effort to induce General Emory to violate the law, the 
President denies all such intent, and calls attention to the fact that 
while, for urgent reasons, he signed the bill prescribing that orders 
to the army should be issued only through the General, he at the 
same time declared it to be, in his judgment, unconstitutional ; and 
affirms that in his interview with General Kmory he said no more 
than he had before officially said to Congress — that is, that the law 
was unconstitutional. 

As to the tenth article, the first of the supplementary ones, the 
President, while admitting that he made certain public speeches at 
the times and places specified, does not admit that the passages 
eitfil :ne fair reports of his remarks; denies that he has ever been 
unmindful of the courtesies Which ought to be maintained between 



IMPEACHMENT TRIAL OF ANDREW JOHNSON. 171 

the executive and legislative departments; but he claims the 
perfect right at all times to express his views as to all public 
natters. 

The reply to the eleventh article, the second supplementary one, 
is to the same general purport, denying that he ever affirmed that 
the Thirty-ninth Congress was not a valid Congress of the United 
Stntes, and its acts obligatory only as they were approved by him; 
and denying that he had, as charged in the article, contrived un- 
lawful means for preventing- Mr. Stanton from resuming the func- 
tions of Secretary of War, or for preventing the execution of the act 
making appropriations for the support of the army, or that to pro- 
vide for the more efficient government of the rebel States. In his 
answer to this article the President refers to his reply to the first 
article, in which he sets forth at length all the steps, and the rea- 
sons therefor, relating to the removal of Mr. Stanton. In brief, the 
answer of the President to the articles of impeachment is a general 
denial of each and every criminal act charged in the articles of 
impeachment. 

The counsel for the President then asked for a delay of thirty 
days after the replication of the managers of the impeachment 
should have been rendered, before the trial should formally proceed. 
This was refused, and the managers of the impeachment stated that 
their replication would be presented the next day: it was that, 

"The Senate will commence the trial of the President upon the 
articles of impeachment exhibited against him on Monday, the 80th 
day of March, and proceed therein with all dispatch under the rules 
of the Senate, sitting upon the trial of an impeachment." 

The replication of the House of Representatives was a simple de- 
nial of each and every averment in the answer of the President, 
closing thus : 

"The House of Representatives .... do say that the said Andrew 
Johnson, President of the United States, is guilty of the high crimes 
and misdemeanors mentioned in the said articles, and that the said 
House of Representatives are ready to prove the same." 

The trial began, as appointed, on March 30. There being twenty- 
seven States represented, there were fifty-four Senators, who con- 
stituted the Court, presided over by Chief Justice Salmon P. Chase, 
of Ohio. Senators: California, Cole, Conness; Connecticut, Dixon, 
Ferry; Delaware, Bnyard, Saulsbury ; Indiana, Hendricks, Morton; 
Illinois, Trumbull, Yates; Iowa, Grimes, Harlan; Kansas, Pomeroy, 
Ross; Kentucky, Davis, McCreery; Maine, Fessenden, Morrill (Lot 
M.) ; Maryland, Johnson, Vickers; Massachusetts, Sumner, Wilson ; 
Michigan, Chandler, Howard; Minnesota, Norton, Ramsay; Missouri, 
Drake, Henderson; Nebraska.. Thayer, Tipton; Nevada, Nye, Stew- 
art ; New Hampshire, Cragin, Patterson (J. W.); New Jersey, Catt ell, 
Frelinghuysen ; New Tor k, Conklin, Morgan ; Ohio, Sherman, Wade; 
Oregon, Corbett, Williams; Pennsylvania, liuckalcw, Cameron ; Rhode 
Island, Anthony, Sprague ; Tennessee, Fowler, Patterson (David); 



172 IMPEACHMENT TRIAL OF ANDREW JOHNSON. 

Vermont, Edmunds, Morrill (J. S.); West Virginia, Van Winkle, 
Willey; Wisconsin, Doolittle, Howe. 

Munaijersfor the Prosecution : Messrs. Bingham, Boutwell, Butler, 
Logan, Stevens, Williams, Wilson. 

Counsel for the President: Messrs. Curtis, Evarts, Groesbeck, Nel- 
son, Stanbery. 

The following was the order of procedure: The Senate convened 
at 11 or 12 o'clock, and was called to order by the president of that 
body, who, after prayer, would leave- thy chair, which was imme- 
diately assumed by the Chief Justice, who wore his official robes. 
The prosecution was mainly conducted by Mr. Butler, who exam- 
ined the witnesses, and, in conjunction witli the others, argued the 
points of law which came up. The defense, during the early part 
of the trial, was mainly conducted by Mr. Stanbery, who had re- 
signed the office of Attorney-General for this purpose, but, being 
taken suddenly ill, Mr. Evarts took his place. According to the 
rule at first adopted, the trial was to be opened by one counsel on 
each side, and summed up by two on each side; but this rule was 
subsequently modified so as to allow as many of the managers and 
counsel as chose to sum up, either orally or by filing written argu- 
ments. 

THE PROSECUTION. 

The whole of the first day (March 30) was occupied by the open- 
ing speech of Mr. l'utler. After touching upon the importance of 
the case, and the wisdom of the framers of the Constitution in 
providing for its possible occurrence, he laid down the following 
proposition, supporting it by a copious array of authorities and 
precedents : 

"We define, therefore, an impeachable high crime or misdemea- 
nor to be one, in its nature or consequences, subversive of some 
fundamental or essential principle of government, or highly preju- 
dicial to the public interest, and this may consist of a violation of 
the Constitution, of law, of an official oath, or of duty, by an act 
committed or omitted, or, without violating a positive law, by the 
abuse of discretionary powers from improper motives, or for any 
improper purpose." 

He then proceeded to discuss the nature and functions of the 
tribunal before which the trial is held. He asked: "Is this pro- 
ceeding a trial, as that term is understood, so far as relates to the 
rights and duties of a court and jury upon an indictment for 
crime? Is it not rather more in the nature of an inquest?" The 
Constitution, he urged, "seems to have determined it to be the hit- 
ter, because, under its provisions, the right to retain and hold office 
is the only subject to be finally adjudicated; all preliminary in- 
quiry being carried on solely to determine that question, and (hat 
alone." He then proceeded to argue that this body now sitting to 
determine the accusation, is the Senate of the United States, and 



IMPEACHMENT TRIAL OF ANDREW JOHNSON. 173 

not a court. This question is of consequence, he argued, because, 
in the latter case, it would be bound by the rules and precedents of 
common-law statutes; the members of the court would be liable to 
challenge on many grounds ; and the accused might claim that he 
could only be convicted when the evidence makes the fact clear be- 
yond reasonable doubt, instead of by a preponderance of the evi- 
dence. The fact that in this case the Chief Justice presides, it was 
argued, does not constitute the Senate thus acting a court - for in 
all cases of impeachment, save that of the President, its regular 
presiding officer presides. Moreover, the procedures have no an- 
alogy to those of an ordinary court of justice. The accused merely 
receives a notice of the case pending against him. He is not re- 
quired to appear personally, and the case will go on without his 
presence. Mr. Butler thus summed up his position in this regard: 

" A constitutional tribunal solely, you are bound by no law, 
either statute or common, which may limit your constitutional 
prerogative. You consult no precedents save those of the law and 
custom of parliamentary bodies. You are a law unto yourselves, 
bound only by the natural principles of equity and justice, and 
that salun jjopuli suprema est lex." 

Mr. Butler then proceeded to consider the articles of impeach- 
ment. The first eight, he says, "set out, in several distinct forms, 
the acts of the President in removing Mr. Stanton and appointing 
General Thomas, differing, in legal effect, in the purposes for which, 
and the intent with which, either or both of the acts were done, and 
the legal duties and rights infringed, and the Acts of Congress vio- 
lated in so doing." In respect to all of these articles, Mr. Butler 
says, referring to his former definition of what constituted an im- 
peachable high crime : 

"All the articles allege these acts to be in contravention of his 
oath of office, and in disregard of the duties thereof. If they are 
so, however, the President might have the power to do them under 
the law. Still, being so done, they are acts of official misconduct, 
and, as we have seen, impeachable. The President has the legal 
power to do many acts which, if done in disregard of his duty, or 
for improper purposes, then the exercise of that power is an official 
misdemeanor. For example, he has the power of pardon ; if exer- 
cised, in a given case, for a corrupt motive, as for the payment of 
money, or wantonly pardoning all criminals, it would be a misde- 
meanor." 

Mr. Butler affirmed that every fact charged in the first article, 
and substantially in the seven following, is admitted in the reply 
of the President; and also that the general intent to set aside the 
Teuure-of-Office Act is therein admitted and justified. He then 
proceeded to discuss the whole question of the power of the Presi- 
dent for removals from office, and especially his claim that this 
power was imposed upon the President by the Constitution, and 
that it could not be taken from him, or be vested jointly in him atd 



174 IMPEACHMENT TRIAL OF ANDREW JOHNSON. 

i,he Senate, partly or in whole. This, Mr. Butler affi led, was the 
real question at issue before the Senate and the Am ican people. 
He said ■ 

"Has the President, under the Constitution, the mc ;e than royal 
prerogative at will to remove from office, or to suspend from office, 
all executive officers of the United States, either civil, military or 
naval, and to fill the vacancies, without any restraint whatever, or 
possibility of restraint, by the Senate or by Congress, through laws 
duly enacted? The House of Representatives, in behalf of the 
people, join issue by affirming lhat the exercise of such powers is a 
high misdemeanor in office. If the affirmative is maintained by the 
respondent, then, so far as the first eight articles are concerned — 
unless such corrupt purposes are shown as will of themselves make 
the exercise of a legal power a crime — the respondent n.ust go, and 
ought to go, quit and free." 

This point as to the legal right of the President to make removals 
from office, which constitutes the real burden of the articles of im- 
peachment, was argued at length. Mr. Butler assumed that the Sen- 
ate, by whom, in conjunction with the House, the Tenure-of-Office 
Act had been passed over the veto of the President, would maintain 
the law to be constitutional. The turning point was whether the 
special case of the removal of Mr. Stanton came within the provi- 
sions of this law. This rested upon the proviso of that law, that — 
"The Secretaries shall hold their office during the term of the 
President by whom they may have been appointed, and for one 
month thereafter, subject to removal by and with the advice and 
consent of the Senate." 

The extended argument upon this point, made by Mr. Butler, was 
to the effect that Mr. Stanton having been appointed by Mr. Lin- 
coln, whose term of office reached to the 4th of March, 18G9, that 
of Mr. Stanton existed until a month later, unless he was previously 
removed by the concurrent action of the President and Senate. 
The point of the argument is, that Mr. Johnson is merely serving 
out the balance of the term of Mr. Lincoln, cut short by his assas- 
sination, so that the Cabinet officers appointed by Mr. Lincoln held 
their places, by this very proviso, during that term and for a month 
thereafter; for, he argued, if Mr. Johnson was not merely serving 
out the balance of Mr. Lincoln's term, then he is entitled to the 
office of President for four full years, that being the period for 
which a President is elected. If, continues the argument, Mr. 
Stanton's commission was vacated by the Tenure-of-Office Act, it 
ceased on the 4th of April, 1865; or, if the act had no retroactive 
effect, still, if Mr. Stanton held office merely under his commission 
from Mr. Lincoln, then his functions would have ceased upon the 
passage of the bill, March '2, 18U7; and, consequently, Mr. John- 
son, in " employing " him after that date as Secretary of War, was 
guilty of a high misdemeanor, which would give ground for a new 
article of impeachment. 



IMPEACHMENT TRIAL OF ANDREW JOHNSON. 175 

After justifying the course of Mr. Stanton in holding on to the 
secretaryship in opposition to the wish of the 'President, on the 
ground that "to desert it now would be to imitate the treachery of 
his accidental chief," Mr. Butler proceeded to discuss the reasons 
assigned by the President in his answer to the articles of impeach- 
ment fcr the attempt to remove Mr. Stanton. These, in substance, 
wert that the President believed the Tenure-of-Office Act was un- 
constitutional, and, therefore, void and of no effect, and that he had 
the right to remove him and appoint another person in his place. 
Mr. Butler urged that, in all of these proceedings, the President 
professed to act upon the assumption that the act was valid, and 
that his action was in accordance with its provisions. He then 
went on to charge that the appointment of General Thomas as Sec- 
retary of War ad interim, was a separate violation of law. By the 
act of February 20, 18G3, which repealed all previous laws incon- 
sistent with it, the President was authorized, in case of the "death, 
resignation, absence from the seat of Government, or sickness of 
the head of an executive department," or in any other case where 
these officers could not perform their respective duties, to appoint 
the head of any other executive department to fulfill the duties of 
the office "until a successor be appointed, or until such absence or 
disability shall cease." Now, urged Mr. Butler, at the time of the 
appointment of General Thomas as Secretary of War ad interim, Mr. 
Stanton " had neither died nor resigned, was not sick nor absent," 
and, consequently, General Thomas, not being the head of a depart- 
ment, but only of a bureau of one of them, was not eligible to this 
appointment, and that, therefore, his appointment was illegal and 
void. 

The ninth article of impeachment, wherein the President is 
charged with endeavoring to induce General Emory to take orders 
directly from himself, is dealt with in a rather slight manner. 
Mr. Butler says, "If the transaction set forth in this article stood 
alone, we might well admit that doubts might arise as to the suffi- 
ciency of the proof;" but, he adds, the surroundings are so pointed 
and significant as to leave no doubt in the mind of an impartial 
man as to the intents and purposes of the President" — these intents 
being, according to Mr. Butler, "to induce General Emory to take 
orders directly from himself, and thus to hinder the execution of 
the Civil Tenure Act, and to prevent Mr. Stanton from holding his 
office of Secretary of War." 

As to the tenth article of impeachment, based upon various 
speeches of the President, Mr. Butler undertook to show that the 
reports of these speeches, as given in the article, were substantially 
correct; and accepted the issue made thereupon as to whether they 
are "decent and becoming the President of the United States, and 
do not tend to bring the office into ridicule and disgrace." 

After having commented upon the eleventh and closing article, 
tphicb charges the President with having denied the authority of 



176 IMPEACHMENT TPJAL OF ANDREAV JOHNSON. 

the Thirty-ninth Congress, except so far as its acts were approved 
by him, Mr. Butler summed up the purport of the articles of im- 
peachment in these words: 

"The acts set out in the first eight articles are but the culmina- 
tion of a series of wrongs, malfeasances, and usurpations commit- 
ted by the respondent, and, therefore, need to be examined in the 
light of his precedent and concomitant acts to grasp their scope and 
design. The last three articles presented show the perversity and 
malignity with which he acted, so that the man as he is known m:iy 
be clearly spread upon reeord, to be seen and known of all men 
hereafter We have presented the facts in the con- 
stitutional manner; we have brought the criminal to your bar, and 
demand judgment for his so great crimes." 

The remainder of Monday, and a portion of the following day, 
were devoted to the presentation of documentary evidence as to the 
proceedings involved in the order for the removal of Mr. Stanton 
and the appointment of General Thomas. The prosecution then in- 
troduced witnesses to testify to the interviews between Mr. Stanton 
and General Thomas. They then brought forward a witness to 
show that General Thomas had avowed his determination to take 
forcible possession of the War Office. To this Mr. Stanbery, for the 
defense, objected. The Chief Justice decided the testimony to be 
admissible. Thereupon Senator Drake took exception to the ruling, 
on the ground that this question should be decided by the Senate — 
not by the presiding officer. The Chief Justice averred that, in his 
judgment, it was his duty to decide, in the first instance, upon any 
question of evidence, and then, if any Senator desired, to submit 
the decision to tha Senate. Upon this objection and appeal arose 
the first conflict in the Senate as to the powers of its presiding 
officer. Mr. Butler argued at length in favor of the exception. Al- 
hough, in this case, the decision was in favor of the prosecution, 
le objected to the power of the presiding officer to make it. This 
point was argued at length by the managers for the impeachment, 
who denied the right of the Chief Justice to make such decision. It 
was then moved that the Senate retire for private consultation on 
this point. There was a tie vote — 25 ayes and 25 nays. The Chief 
Justice gave his casting vote in favor of the motion for consulta- 
tion. The Senate, by a vote of 31 to 10, sustained the Chief Justice, 
deciding that "the presiding officer may rule on all questions of 
evidence and on incidental questions, which decision will stand as 
the judgment of the Senate for decision, or he may, at his option in 
the first, instance, submit any such question to a vote of the mem- 
bers of the Senate." In the further progress of the trial the Chief 
Justice, in most important cases, submitted the question directly to 
the Senate, without himself giving any decision. Next morning 
(April 1) Mr. Sumner offered a resolution to the effect that the 
Chief Justice, in giving a casting vote, "acted without authority 
of the Constitution of the United States." This was negatived by 



IMPEACHMENT TRIAL OF ANDREW JOHNSON. 177 

n vote of '27 to 21, thus deciding that, the presiding officer had tho 
right to give ;i casting vote. The witness (Mr. Burleigh, delegate 
front Dakoiah), who had been called to prove declarations of General 
Thomas, was then asked whether, at an interview between them, 
General Thomas had said any thing as "to the means by which he 
intended to obtain, or was directed by the President to obtain, pos- 
session of the War Department." To this question Mr. Stanbery 
objected, on the ground that any statements made by General 
Thomas could not be used as evidence against the President. 
Messrs. Butler and Bingham argued that the testimony was admis- 
sible, on the ground that there was, as charged, a conspiracy be- 
tween the President and General Thomas, and that the acts of one 
conspirator were binding upon the ether; and, also, that in these 
acts General Thomas was the agent of the President. The Senate, 
by ;3'J to 11, decided that the question was admissible. Mr. Bur- 
leigh thereupon testified substantially that General Thomas in- 
formed him that he had been directed by the President to take 
possession of the War Department; that he was bound to obey his 
superior officer; that, if Mr. Stanton objected, he should use force, 
and if he bolted the doors they would be broken down. The wit- 
ness was then asked whether he had heard General Thomas make 
any statement to the clerks of the War Office, to the effect that, 
when he came into control, he would relax or rescind the rules of 
Mr. Stanton. To this question objection was made by the counsel 
of the President on the ground of irrelevancy. The Chief Justice 
was of opinion that the question was not admissible, but, if any 
Senator demanded, he would submit to the Senate whether it should 
be asked. The demand having been made, the Senate, by a vote of 
28 to 2*2, allowed the question to be put, whereupon Mr. Burleigh 
testified that General Thomas, in his presence, called before him 
the heads of the divisions, and told them that the rules laid down 
by Mr. Stanton were arbitrary, and that he should relax them — 
that he should not hold them strictly to their letters of instruction, 
but should consider them as gentlemen who would do their duty — 
that they could come in or go out when they chose. Mr. Burleigh 
further testified that, subsequently, General Thomas had said to 
him that the only thing which prevented him from taking posses- 
sion of the War Department was his nrrest by the United States 
marshal. Other witnesses were called to prove the declarations 
of General Thomas. Mr. Wilkeson testified that General Thomas 
said to him that he should demand possession of the War Depart- 
ment, and, in case Mr. Stanton should refuse to give it up, he 
should call upon General Grant for a sufficient force to enable him 
to do so, and he did not see how this could be refused. Mr. Kar- 
sener, of Delaware, testified that he saw General Thomas at the 
President's house, told him that Delaware, of which State General 
Thomas is a citizen, expectevi him to stand firm; to which General 
Ihomas replied that he was standing firm, that he would not dis- 



178 IMPEACHMENT TRIAL OF ANDREW JOHNSON. 

appoint his friends, but that, in a few days, he would "kick that 
fellow out," meaning, as the witness supposed, Mr. Stanton. 

Thursday, April '1<1. — various witnesses were introduced to tes- 
tify to the occurrences when General Thomas demanded possession 
of the War Department. After this General Emory was called to 
testify to the transactions which form the ground of the ninth arti- 
cle of impeachment. His testimony was to the effect that tho 
President, on the 22d of February, requested him to call; that, upon 
so doing, the President asked respecting any changes that had been 
made in the disposition of the troops around Washington; that ho 
informed the President that no important changes had been made, 
and that none could be made without an order from General Grant, 
as provided for in an order founded upon a law sanctioned by the 
President. The President said that this law was unconstitutional. 
Emory replied that the President had approved of it, and that it 
was not the prerogative of the officers of the army to decide upon 
the constitutionality of a law, and in that opinion he was justified 
by the opinion of eminent counsel, and thereupon the conversation 
ended. 

The prosecution then endeavored to introduce testimony as to the 
appointment of Mr. Edmund Cooper, the Private Secretary of the 
President, as Assistant Secretary of the Treasury, in support of the 
eighth and eleventh articles of impeachment, which charge the 
President with an unlawful attempt to control the disposition of 
certain public funds. This testimony, by a vote of 27 to 22, was 
ruled out. 

The prosecution now, in support of the tenth and eleventh arti- 
cles of impeachment, charging the President with endeavoring to 
"set aside the rightful authority of Congress,'' offered a telegraphic 
dispatch from the President to Mr. Parsons, at that time (January 
17, 1807) Provisional Governor of Alabama, of which the following 
is the essential part: 

"I do not believe the people of the whole country will sustain 
any set of individuals in the attempt to change the whole charac- 
ter of our Government by enabling acts in this way. I believe, on 
the contrary, that they will eventually uphold all who have patri- 
otism and courage to stand by the Constitution, and who place 
their confidence in the people. There should be no faltering on the 
part of those who are honest in their determination to sustain the 
several coordinate departments of the Government in accordance 
with its original design." 

The introduction of this was objected to by the counsel for the 
President, but admitted by the Senate, the vote being 27 to 17. 

The whole of Friday, and a great part of Saturday, (April 3d 
and 4th,) were occupied in the examination of the persons who 
reported the various speeches of the President which form the 
basis of the tenth article, the result being that the reports were 
Bhown to be either substantially or verbally accurate. Then, alter 



IMPEACHMENT TRIAL OF ANDREW JOHNSON. 179 

some testimony relating to the forms in which commissions to 
office were made out, the managers announced that the case for 
the prosecution was substantially closed. The counsel for the 
President thereupon asked that three working days should be 
granted them to prepare for the defense. This, after some discus- 
sion, was granted by the Senate by a vote of 37 to 9, and the trial 
was adjourned to Thursday, April 9th. 

THE DEFENSE. 

The opening speech for the defense, occupying the whole of 
Thursday, and a part of Friday, was made by Mr. Curtis. Re- 
serving, for a time, a rejoinder to Mr. Butler's argument as to the 
functions of the Senate when sitting as a Court of Impeachment, 
Mr. Curtis proceeded to a consideration of the articles of impeach- 
ment, in their order, his purpose being "to ascertain, in the first 
place, what the substantial allegations in each of them are, what 
is the legal proof and effect of these allegations, and what proof is 
necessary to be adduced in order to sustain them." The speech is 
substantially an elaboration of and argument for the points em- 
braced in the answer of the President. The main stress of the ar- 
gument related to the first article, which, as stated by Mr. Curtis, 
when stripped of all technical language, amounts exactly to these 
things: 

" First. That the order set out in the article for the removal of 
Mr. Stanton, if executed, would have been a violation of the Ten- 
ure-of-Office Act. 

"Second. That it was a violation of the Tenure-of-Office Act. 

" Third. That it was an intentional violation of the Tenure-of- 
Office Act. 

" Fourth. That it was in violation of the Constitution of the 
United States. 

"Fifth. That it was intended by the President to be so. 

"Or, to draw all these into one sentence, which I hope may be 
intelligible and clear enough, I suppose the substance of this first 
article is that the order for the removal of Mr. Stanton was, and 
was intended to be, a violation of the Constitution of the United 
States. These are the allegations which it is necessary for the 
honorable managers to make out in order to support that article." 

Mr. Curtis proceeded to argue that the case of Mr. Stanton did 
not come within the provisions of the Tenure-of-Office Act, being 
expressly excepted by the proviso that Cabinet officers should hold 
their places during the term of the President by whom they were 
appointed, and for one month thereafter, unless removed by the 
consent of the Senate. Mr. Stanton was appointed by Mr. Lin- 
coln, whose term of office came to an end by his death. He ar- 
gued at length against the proposition that Mr. Johnson was 
merely serving out the remainder of Mr. Lincoln's term. The 



180 IMPEACHMENT TRIAL OF ANDREW JOHNSON. 

object of this exception, he said, was evident. The Cabinet officers 
were to be ''the immediate confidential assistants of the President, 
for whose acts he was to be responsible, and in whom he was ex- 
pected to repose the gravest honor, trust, and confidence; therefore 
it was that this act has connected the tenure of office of these offi- 
cers with that of the President by whom they were appointed." 
Mr. Curtis gave a new interpretation to that clause in the Consti- 
tution which prescribes that the President "may require the opin- 
ion, in writing, of the principal officer in each of the executive 
departments upon any subject relating to the duties of their several 
offices." He understood that the word "their" included the Presi- 
dent, so that he might call upon Cabinet officers for advice "relat- 
ing to the duties of the office of these principal officers, or relating 
to the duties of the President himself." This, at le:ist, he affirmed, 
had been the practical interpretation put upon this clause from the 
beginning. To confirm his position as to the intent of the Tenure- 
of-Office Act in this respect, Mr. Curtis quoted from speeches made 
in both houses at the time when the act was passed. Thus, Sena- 
tor Sherman said that the act, as passed — 

" Would not prevent the present President from removing the 
Secretary of AVur, the Secretary of the Navy, or the Secretary of 
State ; and, if I supposed that either of these gentlemen was so 
wanting in manhood, in honor, as to hold his place after the politest 
intimation from the President of the United States that his services 
were no longer needed, I certainly, as a Senator, would consent to 
his removal at any time, and so would we all." 

Mr. Curtis proceeded to argue that there was really no removal 
of Mr. Stanton; he still held his place, and so there was "no case 
of removal within the statute, and, therefore, no case of violation 
by removal." But, if the Senate should hold that the order for re- 
moval was, in effect, a removal, then, unless the Tenure-of-Office 
Act gave Mr. Stanton a tenure of office, this removal would not 
have been contrary to the provisions of this act. He proceeded to 
argue that there was room for grave doubt whether Mr. Stanton's 
case came within the provisions of the Tenure-of-Office Act, and 
that the President, upon due consideration, and having taken the 
best advice within his power, considering that it did not, and act- 
ing accordingly, did not, even if he was mistaken, commit, an act 
"bo willful and wrong that it can be justly and properly, and for 
the purposes of this prosecution, termed a high misdemeanor." Ho 
argued at length that the view of the President was the correct one, 
and that "the Senate had nothing whatever to do with the removal 
of Mr. Stanton, whether the Senate was in session or not." 

Mr. Curtis then went on to urge that the President, being sworn 
to take care that the laws be faithfully executed, must carry out 
any law, even though passed over his veto, except in cases where a 
law which he believed to be unconstitutional has cut off a power 
confided to him, and in regard to which he alone could make an 



IMPEACHMENT TRIAL OP ANDREW JOHNSON. 181 

issue which would bring the matter before a court, so as to cause 
"a judicial decision to come between the two branches of the Gov- 
ernment, to see which of them is right." This, said he, is what 
the President has done. This argument, in effect, was an answer 
to the first eight articles of impeachment. 

The ninth article, charging the President with endeavoring to 
induce General Emory to violate the law by receiving orders 
directly from him, was very briefly touched upon, it being main- 
tained that, as shown by the evidence, 'the reason why the ^resi- 
dent sent, tor General Emory was not that he might endeavor to 
seduce that distinguished officer from his allegiance to the laws 
and Constitution of his country, but because he wished to obtain 
information about military movements which might require his 
personal attention." 

A? to the tenth article, based upon the President's speeches, it 
was averred that they were in no way in violation of the Consti- 
tution, or of any law existing at the time when they were made, 
and were not, therefore, impeachable offenses. 

The reply to the eleventh article was very brief. The managers 
bad "compounded it of the materials which they had previously 
worked up into others," and it "contained nothing new that 
needed notice." Mr. Curtis concluded his speech by saying that — 

"This trial is and will be the most conspicuous instance that 
has ever been, or even can be expected to be found, of American 
justice or of American injustice; of that justice which is the great 
policy of nil civilized States; of that injustice which is certain to 
be condemned, which makes even the wisest man mad, and which, 
in the fixed and unalterable order of God's providence, is sure to 
return and plague the inventor." 

At the close of this opening speech for the defense, General 
Lorenzo Thomas was brought forward as a witness. His testi- 
mony, elicited upon examination and cross-examination, was to 
the effect that, having received the order appointing him Secre- 
tary of War ad interim, he presented it to Mr. Stanton, who asked, 
"Do you wish me to vacate the office at once, or will you give me 
time to get my private property together?" to which Thomas re- 
plied, "Act your pleasure." Afterward Stanton said, "I don't 
know whether I will obey your instructions." Subsequently 
Thomas said that he should issue orders as Secretary of War. 
Stanton said he should not do so, and afterward nave him a writ- 
ten direction, not to issue any order except as Adjutant-General. 
During the examination of General Thomas a question came up 
which, in many ways, recurred upon the trial. He was asked to 
tell what occurred at an interview between himself and the Pres- 
ident. Objection was made by Mr. Butler, and the point was ar- 
gued. The question was submitted to the Senate, which decided, 
by a vote of 4'2 to 10, that it was admissible. The testimony of 
General Thomas, from this point, took a wide range, and, being 



182 IMPEACHMENT TRIAL OF ANDREW JOHNSON. 

mainly given in response to questions of counsel, was, apparently, 
somewhat contrail ictory. The substance was that he was recog- 
nized by the President as Secretary of War; that, since the im- 
peachment, he had acted as such only in attending Cabinet 
mee;ings, but had given no orders; that, when he reported to the 
President that Mr. Stanton would not vacate the War Department, 
the President directed him to '-take possession of the office;" that, 
without orders fi»m the President, he had intended to do this by 
force, if necessary; that, finding that this course might involve 
bloodshed, he had abandoned this purpose, but that, after this, he 
had, in several cases, affirmed his purpose to do so, but that these 
declarations were " merely boast and brag." On the following day 
General Thomas was recalled as a witness, to enable him to correct 
certain points in his testimony. The first was the date of an un- 
important transaction; he had given it as taking place on the 21st 
of February, whereas it should have been the 22d. The second was 
that the words of the President were that he should "take charge," 
not "take possession" of the War Department. In explanation of 
the fact that he had repeatedly sworn to the words "take posses- 
sion," he said that these were "put into his mouth." Finally, Gen- 
eral Thomas, in reply to a direct question from Mr. Butler, said that 
his testimony on these points was "all wrong." 

Lieutenant-General Sherman was then called as a witness. After 
eome unimportant questions, he was asked in reference to an inter- 
view between himself and the President which took place on the 
14th of January: "At that interview what conversation took place 
between the President and you in reference to the removal of Mr. 
Stanton?" To this question objection was made by Mr. Butler, and 
the point was elaborately argued. The Chief Justice decided that 
the question was admissible within the vote of the Senate of the 
previous day; the question then was as to the admissibility of evi- 
dence as to a conversation between the President and General 
Thomas; the present question was as to a conversation between 
the President and General Sherman. " Both questions," said the 
Chief Justice, "are asked for the purpose of procuring the intent 
of the President in the attempt to remove Mr. Stanton." The ques- 
tion b"ing submitted to the Senate, it was decided, by a vote of 28 
to 23, that it should not be admitted. The examination of General 
Sherman was continued, the question of the conversation aforesaid 
being frequently brought forward, and as often ruled out by the 
Senate. The only important fact elicited was th:it the President 
had twice, on the 25th and 30th of January, tendered to General 
Sherman the office of Secretary of War ad interim. 

On Monday, April 13th, after transactions of minor importance, 
the general matter of the conversations between the President and 
General Sherman again came up, upon a question propounded by 
Senator Johnson — "When the President, tendered to you the office 
of Secretary of War ad interim, did he, at the very time of making 



IMPEACHMENT TRIAL OF ANDREW JOHNSON. 183 

such tender, state to you what his purpose in so doing was?' This 
was admitted by the Senate, by a vote of 26 to 22. Senator John- 
son then added to his question, "If lie did, what did he state his 
purpose was? " This was admitted, by a vote of 25 to 26. The tes- 
timony of General Sherman, relating to several interviews, was to 
the effect that the President said that the relations between him- 
self and Mr. Stanton were such that he could not execute the office 
of President without making provision to appoint a Secretary of 
War ad interim, and he offered that office to him (General Sherman), 
but did not state that his purpose was to bring the matter directly 
into the courts. Sherman said that, if Mr. Stanton would retire, 
he might, although agaiust his own wishes, undertake to adminis- 
ter the office ad interim, but asked what would be done in case Mr. 
Stanton would not yield. To this the President replied, "He will 
make no opposition; you present the order, and he will retire. I 
know him better than you do; he is cowardly." General Sherman 
asked time for reflection, and then gave a written answer, declin- 
ing to accept the appointment, but stated that his reasons were 
mostly of a personal nature. 

On the 14th the Senate adjourned, on account of the sudden ill- 
ness of Mr. Stanbery. It re-assembled on the loth, but the proceed- 
ings touched wholly upon formal points of procedure and the 
introduction of unimporiant documentary evidence. On the 16th 
Mr. Sumner moved that all evidence not trivial or obviously irrel- 
evant shall be admitted, the Senate to judge of its value. This was 
negatived by a vote of '23 to 11. 

The 17th was mainly taken up by testimony as to the reliability 
of the reports of the President's speeches. Mr. Welles, Secretary 
of the Navy, was then called to testify to certain proceedings in 
Cabinet Council at the time of the appointment of General Thomas. 
This was objected to. The CUef Justice decided that it was ad- 
missible, and his decision was sustained by a vote of 26 to 23 The 
defense then endeavored to introduce several members of the Cab- 
inet, to show that, at meetings previous to the removal of Mr. 
Stanton, it was considered whether it was not desirable to obtain a 
judicial determination of the unconstitutionality of the Tenure-of- 
Ofiice Act. This question was raised in several shapes, and its ad- 
mission, after thorough argument on both sides, as often refused, in 
the last instance by a decisive vote of 30 to 19. The defense con- 
sidered this testimon}' of the utmost importance, as going to show 
that the President had acted upon the counsel of his constitutional 
advisers, while the prosecution claimed that he could not plead in 
justification of a violation of the law that he had been advised by 
his cabinet, or any one else, that the law was unconstitutional. His 
duty was to execute the laws, and, if he failed to do this, or vio- 
lated them, he did so at his own risk of the consequences. With 
the refusal of this testimony, the case, except the final summiugs 
ud and the verdict of the Senate, was virtually closed. 



184: IMPEACHMENT TRIAL OF ANDREW JOHNSON. 

The case had been so fully set forth in the opening speeches of 
Messrs. Butler and Curtis, and in the arguments which came up 
upon points of testimony, that there remained little for the other 
counsel except to restate what had before been said. 

After the evidence had been closed the case was summed up, on 
the part of the managers by Messrs. Boutwell, Williams, Stevens, 
and Bingham in oral arguments, and Air. Logan, who filed a writ- 
ten argument, and on the part of the President by Messrs. Nelson, 
Groesbeck, Stanbery, and Kvarts. Many of these speeches were 
distinguished by great brilliancy and power, but, as no new points 
were presented, we omit any summary. 

The Court decided to take a vote upon the articles on Tuesday, 
the 12th of May, at 12 o'clock, M. A secret session was held on 
Monday, during whicli several Senators made short speeches, giv- 
ing the grounds upon which they expected to cast their votes. On 
Tuesday the Court agreed to postpone the vote until Saturday, the 
16th. Upon that day, at 12 o'clock, a vote was taken upon the elev- 
enth article, it having been determined to vote on that article first. 
The vote resulted in 35 votes for conviction, and 19 for acquittal. 

The question being put to each Senator, "How say you, is the re- 
spondent, Andrew Johnson, President of the United States, guilty 
or not guilty of a high misdemeanor as charged in the article?" — 
those who responded guilty were Senators Anthony, Cameron, Cat- 
tell, Chandler, Cole, Conkling, Conness, Corbett, Cragin, Drake, 
Edmunds, Ferry, Frelinghuysen, Harlan, Howard, Howe, Morgan, 
Morrill, of Vermont, Morrill, of Maine, 0. P. Morton, Nye, Patter- 
son, N. H. Pomeroy, Sherman, Spiague, Stewart, Sumner, Thayer, 
Tipton, Wade, Willey, Williams, Wilson, and Yates. 

Those who responded not guilty were Senators Bayard, Buckalew, 
Davis, Dixon, Doolittle, Fesscnden, Fowler, Grimes, Henderson, Hen- 
dricks, Johnson, M'Creery, Norton, Patterson, of Tennessee, Ross, 
Saulshury, Trumbull, Van Winkle, and Vickers. 

The Constitution requiring a vote of two-thirds to convict, tho 
President was acquitted on this article. After taking this vote the 
Court adjourned until Tuesday, May 26th, when votes were taken 
upon the second and third articles, with precisely t lie same result 
as on the eleventh, the vote in each case standing 35 for conviction 
and 19 for acquittal. A verdict of acquittal on the second, third, 
and eleventh articles was then ordered to be entered on the record, 
and, without voting on the other-articles, the Court adjourned sine 
die. So the trial was ended, and the President acquitted. 



CHRONOLOGICAL RECORD 



CENTURY OF INDEPENDENCE. 



FIRST PERIOD: 

FROM DISCOVERY OF AMERICA TO AMERICAN REVOLUTION 

1492. San Salvador, the first land discovered in America by 

Christopher Columbus, Oct. 12; Cuba, Oct 27; His- 
paniola, Dec. 6. 

1493. A Spanish Colony at Hispaniola. 
Second voyage of Columbus. 

1495. May 3. — Jamaica discovered by Columbus. 

1496. Sebastian Cabot discovers Newfoundland for Henry VII. 

of England, and by him called Prima Vista. 
Third voyage of Columbus. 
1498. The eastern coast of North America found by Americus 

Vespucius, after whom America was finally named. 
1502. The continent of America discovered by Columbus. 
Fourth voyage of Columbus. 

Coast of North America explored by Cortereal, a Portu- 
guese. 

1506. May 15.— Columbus died at Valladolid. 

1507. The New World first called America, after Amerigo Ves- 

pucci, by Waldseemuller, of Fribourg. 
Board of American Trade established at Seville. 

1508. The Spaniards colonize Cuba, Jamaica, and Porto Rico. 
Negro slaves imported into Hispaniola. 

1510. Settlement at Darien. 

1511. Cuba conquered by 300 Spaniards. 



16 185 



186 CHRONOLOGICAL RECORD. 

1512. Florida discovered by Ponce de Leon. 

1517. First patent for importing negroes into America granted 

by Spain. 
Mexico discovered by Francisco Fernandez. 
1521. Mexico conquered by tbe Spanish, under Cortez. 
1524. Verazzanni, a Florentine navigator, in the service of 

France, explores the coast of America from the Caroli- 

nas to Newfoundland. 
1527. The Bermudas discovered by Juan Bermudas, a Spaniard. 

1534. James ('artier discovered the St. Lawrence River, and 

took possession of the whole country in the name of the 
King of France. 

1535. The mint of Mexico, the richest in the world, begun. 

1536. California discovered by Cortez. 

Ferdinand de Soto, with a fleet of 10 vessels and a gay 
company of 600 men, land at Tampa Bay and com- 
mence their march into the interior. 

1541. Mississippi River discovered by De Soto. 

1542. De Soto dies, and is buried in the Mississippi River. 
1553. New Mexico discovered by the Spaniards. 

1564. Coligny sends a colony of Huguenots to Florida; they are 

destroyed by the Spaniards. 

1565. St. Augustine, Fla., settled by the Spaniards. 
1576. Greenland visited by Frobisher. 

1583. Tobacco first carried from Virginia to England. 

1584. Virginia visited by Sir Walter Raleigh. 

Miles Standish born — a military leader of the Pilgrims in 
New England. He died in 1656. 

1585. Davis' Strci.it discovered by the English navigator whose 

name it bears. 
John Cotton, a learned divine of Boston, born. He died 

in 1652. 
First English colony in America, founded at Roanoke. 

1587. John Winthrop, Governor of the Colony of Massachu- 

setts, born. Died in 1649. 

1588. William Bradford, second Governor of Plymouth Colony, 

born. Died in 1657. 
1594. Edward Winslow, Governor of Plymouth Colony, born. 
Died in 1643. 

1601. Roger Williams born. He founded Rhode Island. Died 

in 1683. 
Acadia colonized by the French. 

1602. Cape Cod discovered by Bartholomew Gosnold. 

1603. Martin Bring, an English navigator, examines the shores 

and large rivers of Maine, and the coast as far as Mar- 
tha's Vineyard. 



CHRONOLOGICAL RECORD. 187 

1604. John Eliot, "The Apostle to the Indians," born. Died in 

1690. 

1605. Quebec founded by the French. 

1606. Martin Pring makes a second and more accurate survey 

of the coast of Maine. 
The London and Plymouth Companies receive Charters. 

1607. Virginia, sometimes called the Old Dominion, settled in 

April, at Jamestown, on the James River, by the London 
Company — the first white settlement in the United 
States. 
A settlement commenced at the mouth of the Kennebec 
River, Maine, by the Plymouth Company. 

1609. Sir John Summers cast away on the Burmuda Islands. 
Plot of the Indians disclosed by Pocahontas. 
Hudson's Bay discovered by Henry Hudson. 

1610. The Virginia Colony reduced from nearly 500 to 60. 

1613. Pocahontas married to Mr. John Rolf. 

The Dutch erect some trading posts at the mouth of the 
Hudson River. 

1614. New York City founded by the Dutch. 

North Virginia called New England by Prince Charles. 
24 natives of New England carried oft* and sold by Hunt. 
Capt. John Smith explores the coast of New England. 

1616. Baffin's Bay discovered by Win. Baffin, an Englishman 
Settlement of Virginia by Walter Raleigh. 

1617. Most of the inhabitants from Narragansett to Penobscot 

swept away by war and pestilence. 

1620. The first negro slaves in the English colonies of North 

America were brought to Virginia in a Dutch vessel- 
of-war. 
Dec. 21 (Dec. 11, O. S.). — First settlement in New Eng- 
land, at Plymouth, Mass. 

1621. A treaty made with Massasoit. 

1622. March 27. — Massacre of 347 Virginians by the Indians. 

1623. New Hampshire settled at Little Harbor and Dover. 
Albany, Capital of New York, settled by the Dutch, and 

called Beaverwyck. 

1624. New Jersey settled. 

1625. JohnEndicott settles at Salem, Mass. 
Massachusetts Bay Colony founded. 
Charlestown, Mass., founded. 

1629. First church in Massachusetts formed at Salem. 

First permanent settlement of the Dutch at Manhattan. 

1630. Arrival of Governor Winthrop at Boston, with about 1,50C 

emigrants. 
Dorchester, Roxbury, and Cambridge founded. 



188 CHRONOLOGICAL RECORD. 

1631. First vessel built in Massachusetts, called the "Blessing 

of the Pay," launched July 4. 
John Smith, celebrated in Virginia history, dies. Aged 

52 years. 
1633. Connecticut settled at Windsor by Holmes, from Mass. 
163-4. Maryland settled at St. Mary's, on the Potomac, by 200 

Catholics. 

1635. The Saybrook Colony, Conn., established. 

1636. Providence, R. ]., settled by Roger Williams. 

1637. War with the Pequot Indians — Connecticut. 

First Synod at Newtown, occasioned by Ann Hutchinson. 

1638. Delaware settled by the Swedes, near Christian Creek. 
The New Haven Colony established. 

Harvard College, the first college in the United States, es- 
tablished at Cambridge, Mass., by John Harvard. 

1639. Settlements on the Connecticut united as the Connecticut 

Colony. 
Fh"st printing in America, at Cambridge, Mass. 
"The Freeman's Oath" and an almanac printed. 

1640. Number of emigrants to America to this date— 20 000. 

1641. New Hampshire united with Massachusetts. 

1643. Confederacy formed, under the name of United Colonies 

of New England, for mutual defense. 

1644. The Connecticut and Saybrook Colonies unite. 
The second Indian massacre occurs in Virginia. 

The two settlements in Rhode Island united under the 
name of Rhode Island. 

1645. Clayborne's rebellion in Maryland. 

1646. Act of Massachusetts Legislature for carrying the Gos- 

pel to the lndiaus. 
John Eliot preaches to the Indians. 
Second Synod of Massachusetts. 
Thomas May hew, preacher to the Indians, shipwrecked. 

1647. Epidemic through America. 

1650. North and South Carolina settled. 

Conversion of the Indians on Martha's Vineyard, Mass. 

1651. The Navigation Act passed by the English Parliament 

1652. Voluntary submission of Maine to Massachusetts. 
Gorton and Roger Williams make a decree against slav- 
ery in Rhode Island. 

1655. Law in Massachusetts requiring that "All hands not 

necessarily employed on other occasions, such as women, 
boys, and girls, should spin according to their skill and 
ability." 
A civil war occurs in Maryland. 

1656. Persecution of the Quakers in Massachusetts. 



CHRONOLOGICAL RECORD. 189 

1656. Ann Hibbins, of Boston, executed for witchcraft. 

1663. Carolina granted to Lord Clarendon and seven other no- 

blemen of England by Charles II. 

The Albemarle County Colony formed. 

1664. New Netherlands taken by the English from the Dutch, 

and named Ncav York. 
New Jersey granted to Lord Berkely and Jeo. Carteret. 
First settlement at Elizabethtown (now Elizabeth). 
J. Eliot's Indian Bible, one of the first books printed in 

America at Cambridge. 

1665. The Clarendon County Colony established. 

The Connecticut and New Haven Colonies united. 

Six towns of Christian Indians in Massachusetts. 

1667. The ceding of New York to the English confirmed by the 

peace of* Breda. 
1670. Bees first introduced into New England by the English. 
South Carolina settled, on the Ashley River. 
Conclusion of the American Treaty between England and 
Spain. 

1672. White slaves bought in England, and brought to Vir- 

ginia. Average price for five years' service, £5 ; while 
a negro was Worth £25. 

1673. Virginia ceded to Culpepper and Arlington. 

1675. War with Philip, King of the Wampanoags, in New 

England. 
Indian War in Virginia. 

1676. King Philip killed, and his tribe destroyed. 
Bacon's rebellion breaks out in Virginia. 
Jamestown burned. 

1677. Virginia becomes a proprietary Government, with Cul- 

pepper as Governor. 

1679. New Hampshire made a royal province (first time). 

1680. Settlement begun at Charleston, S. C. 

1681. Pennsylvania granted by James II, to William Penn. 
1782. Philadelphia founded by William Penn. 

The Duke of York grants Delaware to William Penn. 

1686. Sir Edmund Andros appointed Royal Governor of New 

England. 

1687. The Connecticut Charter hid in the " Charter Oak." 

1688. New York and New Jersey added to the jurisdiction of 

New England. 
War with the Indians in New England, which continued 
several years. 

1689. King William's war commenced, and continued 8 years. 

1690. Port Royal captured by the English, under Sir Win. 

Phipps. 



190 CHRONOLOGICAL RECORD. 

1690. An expedition against Canada unsuccessful. 

English settlements of Schenectady, N. Y. ; Casco, Me.; 
and Salmon Falls, N. H., destroyed by the French. 
1693. The Salem witchcraft delusion prevailed. 

William and Mary's College, the second in the United 

States, founded in Virginia. 
Episcopacy introduced into New York. 

1696. 3(3 Indian churches in New England. 

1697. The Treaty of Ryswick ends King William's war. 

1698. Number of Indians in Massachusetts — about 4,000. 
1 700. Yale College founded at New Haven, Conn. 
1702. Queen Anne's war begun. 

1704. Capt. Church's expedition against the Indians. 

'• Boston News Letter " — first American periodical. 

1709. First paper-money in New Jersey. 

1710. Port Royal captured a second time by the English. 
First post-office in New York. 

1712. 137 people in the vicinity of Roanoke murdered by Tus- 

caroras. 

1713. The Treaty of Utrecht ended Queen Anne's war. 
Acadia (Nova Scotia) ceded to the English by the French. 

(See Longfellow's " Evangeline.") 
1715. Indian War in South Carolina. 

The Tuscaroras driven out of North Carolina, after 3 
years' war. 
3717. The city of New Orleans founded by the French. 
1719. First Philadelphia newspaper. 
1721. First New York newspaper. 
1724. Vermont settled by Massachusetts colonists. 

Trenton, N. J., founded. 
1727. Earthquake in New England. 

1729. Carolina separated into North and South Carolina. 
Massacre of French at Fort Rosalie (Natchez). 
Baltimore founded, and named in honor of Lord Balti- 
more. 

1732. Feb. 22. — Geo. Washington born, at Pope's Creek, Vir- 

ginia. 
Franklin's " Poor Richard's Almanac " — Philadelphia — 
the first of any note in the United States. 

1733. Georgia settled by Gen. Oglethorpe, at Savannah. 

1734. First lodge of Freemasons in America, at Boston. 

1735. Ravages of throat distemper in New Hampshire and 

Massachusetts. 
1738. Nassau Hall College, Princeton, N. J., founded. 
1710. Tennessee first explored. 
1741. New Hampshire becomes a separate royal provinoe. 



CHRONOLOGICAL RECORD. 191 

1744. Kins; George's war commenced. 

1745. Louisburg and Cape Breton taken by the English from 

the French. 

1747. David Brainard and Benjamin Coleman die. 

1748. Treaty of Aix-la-Chapelle ends King George s war. 

1753. Georgia becomes a royal province. 

Oct. 31. — Washington sent with a letter from Gov. Din- 
widdie, of Virginia, to the French. 

1754. May 28. — Washington defeats the French at Great 

Meadows. 
July 4. — Washington capitulated at Fort Necessity, with 

permission to return to Virginia. 
The Quakers abolish slavery among themselves. 

1755. Moncton expels the French from Nova Scotia. 

July 9. — Battle of the Monongahela — Braddock defeated, 
and mortally wounded. 

Sept. 8. — Dieshau defeats the English near Lake George. 
He is afterward defeated, and mortally wounded. 

War declared between England and France. 

Aug. 14. — The French, under Montcalm, capture Os- 
wego. 

Armstrong defeats the Indians at Fort Kittanning. 

1757. Aug. 9. — Fort William Henry surrendered by Webb to 

Montcalm. 

1758. July 8. — Abercrombie repulsed by Montcalm atTiconder- 

oga. 
July 26. — The English take Louisburg. 
Aug. 27. — English, under Bradstrect, capture Fort Fron- 

tenac. 
Fort Du Quesne captured by the English. 

1759. The English, under Johnson, capture Fort Niagara. 
July 31. — Wolfe defeated at the battle of Montmorenci. 
Montcalm defeated by Wolfe on the plains of Abraham. 
Sept. 13.— Wolfe killed. 

Sept. 18. — Quebec surrenders to the English. 

1760. AH Canada surrendered to the English. 

1762. Severest drought ever known in America. 

1763. Feb. 10. — Treaty of Paris ends the French and Indian 

war. 

1764. Pontiac's war with the Indians. 

1765. Mar. 8. — Parliament passes the Stamp Act. 
Oct. 7. — Colonial Congress met at New York. 

1766. March 18. — Stamp Act repealed. 

IT 67. June 29. — Bill passed taxing tea, glass, paper, etc., in the 
American colonies. 
Expulsion of Jesuits from Mexico. 



192 CHRONOLOGICAL RECORD. 

1768. Massachusetts assembly petition the King against the 

late tax. 
Oct. 1. — A body of British troops land at Boston. 

1769. Daniel Boone explores Kentucky. 

1770. March 5. — Afl'ray, known as the "Boston Massacre," 

occurs. 

1771. May 16. — Bnttle of Alniansee. North Carolinians de- 

feated by Gov. Tryon. 

1773. Dec. 16 — The inhabitants of Boston throw 342 chests of 

the taxed tea into the sea. 

1774. March 31. — The Boston Port Bill passed by Parliament. 
Sept. 5. — The first Continental Congress meets at Phila- 
delphia. 

SECOND PERIOD: 

FROM THE AMERICAN REVOLUTION TO THE GREAT RE- 
BELLION. 

1775. April 19. — The war for American Independence com- 

mences with the Battle of Lexington. 
May 10. — Allen and Arnold capture Ticonderoga. 
May 25. — Reinforcements arrive at Boston, under Howe, 

Burgoyne, and Clinton. 
June 15. — Washington elected Commander-in-Chief of the 

American army. 
June 17. — Battle of Bunker Hill — Gen. Warren killed. 
Sept. 10. — American forces, under Montgomery, invade 

Canada. 
Nov. 13. — Montreal surrendered to Montgomery. 
Dec. 31. — Montgomery defeated and slain at Quebec. 

1776. March 17. — British troops evacuate Boston. 
Boston occupied by Washington. 

June 18. — Evacuation of Canada by the Americans. 

June 28. — The British repulsed at Ft. Moultrie, Charleston. 

July 4. — America is declared " free, sovereign, and inde- 
pendent" — a declaration which is signed by the fol- 
lowing States : New Hampshire, Massachusetts, Rhode 
Island, Connecticut, Delaware, Maryland, Virginia, 
North Carolina, South Carolina, New York, New Jer- 
sey, Pennsylvania, and Georgia. 

Nov. 16. — Fort Washington captured by the English. 

Nov. 28. — Washington crosses the Delaware. 
1777. April 26. — Gen. Tryon burns the town of Danbury, Conn. 



CHRONOLOGICAL RECORD. 193 

1777. May 2.3. — Col. Meigs destroys the British shipping at Sag 

Harbor. 

June 16. — Gen. Burgoyne invades New York. 

July 5. — Ticonderoga captured by Burgoyne. 

July 10. — Gen. Preseott, commander at Long Island, 
tured. 

July 31. — The Marquis de La Fayette joins the American 
army. 

Aug. 3. — Fort Schuyler besieged by St. Leger. 

Oct. 17. — Burgoyne surrenders his army to Gates at Sar- 
atoga. 

Nov. 15. — Congress adopts a Federal Government. 

Dec. 11. — American army goes into winter quarters at 
Valley Forge. 

Dec. 16. — France acknowledges the independence of the 
United States. 

1778. Feb. 6. — Treaties of Amity and Commerce adopted be- 

tween the United States and France. 

Nov. 11 — Massacre at Cherry Valley by Tories and In- 
dians. 

Dec. 29. — Campbell captured Savannah. 

1779. May 13.— Siege of Charleston, S. C. 

Aug. 29. — Gen. Sullivan defeats the Indians. 
Sept. 23. — Paul Jones gained a victory off the coast of 
England. 

1780. May 12. — Lincoln surrendered Charleston to Clinton. 
Aug. 18. — Arnold plotted to betray West Point to the 

British. 
Oct. 2. — Maj. Andre, a British officer, executed as a spy. 

1781. Jan. 1. — Pennsylvania troops revolt. 
Jan. 18. — New Jersey troops revolt. 

Feb. — Articles of Confederation ratified by the States. 
Oct. 19. — Surrender of Cornwallis at Yorktown. 

1782. Oct. 8. — Independence of United States acknowledged by 

Holland. 
Nov. 3. — Temporary Treaty of Peace signed at Paris. 

1783. July 11. — Savannah evacuated by the British. 
Sept. 3. — Treaty of Peace signed at Paris. 
Nov. 3. — American army disbanded. 

Nov 25. — New York evacuated by the British. 
Dec. 19. — Charleston evacuated by the British. 
Dec. 23. — Washington resigns his commission to Congress. 

1785. June 1. — John Adams, first Minister from U. S. to London. 

1786. Nov. — Shay's insurrection broke out in Massachusetts. 
Major-General Greene died. 

1787. July 20. — James Whit-taker, first Shaker preacher, died 

17 



194 CHRONOLOGICAL RECORD. 

at Enfield, Conn., aged 36 years. Born at Oldham, Eng.; 
came to this country with the celebrated Mother Ann 
Lee, in 1774. Elder Whittaker may be considered the 
John Wesley of American Shakers. 

1787. First Colonial See of the Anglican Church, erected in 

Nova Scotia. 
Sept 17. — Constitution of the United States adopted by 
all the States, except Rhode Island. 

1788. Cotton planted in Georgia. 

1789. March 3. — First Congress, under the new Constitution, 

meets. 

April 14. — George Washington declared the first Presi- 
dent of the United States. 

Ethan Allen and Gen. Knyphausen died this year. 

1790. First census of the United States taken — population, 

3,929,326. 
Treaty concluded with the Creeks. 
The territory South of the Ohio River ceded to the United 

States. 
Oct. 17, 22. — Indians defeat Gen. Ilarmer, near Ft. Wayne, 

Ind. 

1791. First United States Rank established at Philadelphia. 
Nov. 4. — St. Clair defeated by the Indians in Western Ohio. 

1792. United States mint established. 

1793. March 3. — Washington again inaugurated President. 
Neutrality declared in regard to France. 

John Hancock, Roger Sherman, and John Manly, died 
this year. 

1794. Aug. 20. — Gen. Wayne defeats the Indians on the Maumee. 
Nov. 19. — Commercial Treaty concluded with Great Brit- 
ain. 

The Whisky Insurrection in Pennsylvania. 
Gen. Sullivan, Richard Henry Lee, and Dr. Witherspoon, 
died. 

1795. June 24. — Jay's Treaty with Great Britain ratified. 
Gen. Francis Marion and President Ezra Stiles, of Yale 

College, died. 

1796. Death of Anthony Wayne and David Rittenhouse this year. 
Washington resigns. 

1797. July. — Congress declares the treaties with France an- 

nulled. 

1798. May. — Congress passes an Act for raising a regular army. 
June. — Washington appointed Lieutenant General and 

Commander-in-Chief. 
1/99. American n»vy consists of 42 vessels, with 950 guns. 

Pennsylvania seat of government removed to Lancaster. 



CHRONOLOGICAL RECORD. 195 

1799. Dec. 14. — Washington dies at Mount Vernon, Va. 

1800. Aug. — United States seat of Government removed fron< 

Philadelphia to Washington. 
Treaty of Peace concluded with France. 

1801. June 10. — Tripoli declared war against the United States 
Exports of the United States— $93,000,000. 

1802. Louisiana ceded to France by Spain. 

Gen. Daniel Morgan* died. Aged 66 years. 

1803. March 2. — Samuel Adams, distinguished statesman, died 

Aged 81. 
April 30. — Louisiana purchased of France for $15,000,000. 
Commodore I'reble sent against Tripoli. 
United States frigate "Philadelphia" taken by the Tr.ipol- 

itans. 

1804. Brown University, R. I., founded. 

Feb. 15. — Decatur recaptures and destroys the " Phila- 
delphia." 
Commodore Preble bombards Tripoli. 
April 29 — Eaton captured Derne, a Tripolitan city. 
June 3. — Treaty of Peace concluded with Tripoli. 
July 11. — Aaron Burr kills Alexander Hamilton in a duel. 
Pennsylvania Academy of Fine Arts founded. 

1807. Jan. 27. — Aaron Burr arrested for conspiracy. 

June 22. — British Frigate " Leopard " attacks the United 

States frigate ''Chesapeake." 
July 2. — British armed vessels ordered to leave the U. S. 
Dec. 22. — Congress lays an embargo on American ships. 
Com. Barron, of the " Chesapeake," suspended for 5 years. 

1808. Jan. 1. — The African slave-trade abolished. 

1809. March 1. — Congress interdicted commerce with England 

and France. 

1811. May 16.— U. S. frigate "President" defeats the "Little 

Belt." 
Nov. 7. — Gen. Harrison defeats the Indians at Tippecanoe. 
Population of the United States— 7,239,903. 

1812. Jan. 11. — An additional force of 10,000 men authorized. 
June 18. — Wa«r declared against Great Britain. 

July 12. — Gen. Hull invades Canada. 

July 17. — Fcrt Mackinaw surrendered to the British. 

Aug. 5. — Americans defeated near Brownstown. 
" 9. — Americans defeat the British near Brownstown. 
" 16. — Gen. Hull surrenders Detroit to Gen. Brock. 

Sept. — Gen. Harrison takes command of the Northwest- 
ern army. 

1813. Jan. 22. — Gen. Winchester defeated at Frenchtown. 
April 27. — York (now Toronto) captured by the Americans. 



196 CHRONOLOGICAL RECORD. 

1813. May 1 — Ft. Meigs besieged by the British— Gen. Clay 

defeated. 

" 5. — Proctor defeated at Ft. Meigs by Harrison and 
Clay. 

" 27. — Capture of Ft. George, Canada, by the Americans. 

" 29. — The British repulsed by Brown at Sackett's 
Harbor. 
Aug. 2. — The British repulsed at Ft. Stephenson by Maj. 
Croghan. 

" 30. — Creek war begins by the massacre at Ft. Mims. 
Oct. 5. — Battle of the Thames — Proctor defeated by Har- 
rison. Tecumseh killed. 

1814. March 27. — Battle of Tohopeka, which ended the Creek 

war. 

" 30.— The British defeat Gen. Wilkinson at La Colle. 
July 3. — Fort Erie captm-ed by Gen. Brown. 
Aug. 15. — British repulsed at Fort Erie. 
" 24. — Gen. Ross enters Washington and burns the 

Capitol. 
Sept. 12. — Battle of Baltimore, or North Point. 

" 13.— British fleet repulsed at Fort Mcllenry. 

" 17. — Gen. Brown attacks the British works at Fort 

Erie. 
Nov. 7. — Gen. Jackson drives the British out of Pensa- 

cola. 
Dec. 14.— United States flotilla captured on Lake Borgne. 
" 15. — Delegates to the Hartford Convention meet. 

They oppose the war. 
Dec. 24. — Treaty of Peace between the United States and 

England signed at Ghent. 

1815. Jan. 1. — The British defeated at New Orleans. 

March 2. — The United States declared war against Algiers. 
May 21. — Commodore Decatur sent with a squadron 
against Algiers. 

1816. April 10. — United States Bank chartered for 20 years. 

1817. Jan. 1. — United States Bank opened at Philadelphia. 
Commencement of the Seminole war. 

1818. April. — The Seminoles defeated and dispersed by Gen. 

Jackson. 

1819. Feb. — Treaty of Amity for the cession of Florida to the 

United States. 
May. — The "Savannah" — the first steamer from New 

York to Liverpool. 
Aug. 23. — Commodore Perry dies in the West Indies. 

1820. March 3. — Missouri Compromise passed. 
1822. Florida made a territory. 



CHRONOLOGICAL RECORD. 197 

1824. Aug. 15.— The Marquis de La Fayette visits the U. S. 
1826 Feb. 13. — American Temperance Society instituted at 
Boston. 
July 4. — Ex-Presidents John Adams and Thomas Jeffer- 
son died. 
1830. May 7. — Treaty between the United States and the Otto- 
man Porte. 
The ports of the United States again opened to British 
coifinierce. 

1832. The Black Hawk war commences. 
Cholera in New York. 

Nov. 24.— South Carolina declares the doctrine of nullifi- 
cation. 
Gen. Jackson issues his celebrated proclamation. 

1833. March 4.— Andrew Jackson commences his second ad- 

ministration. 
Gen. Santa Anna elected President of Mexico. 

1834. President Jackson censured by Congress for removing 

Government deposits. 

1835. War with the Seminolea commenced. 
Great fire in New York. 

1837. Dec. 25. — Gen, Taylor defeats the Indians at Okeechobee. 

" 28. — Steamer "Caroline" burned by Canadian roy- 
alists. 
The Independence of Texas acknowledged. 

1838. Rebellion of the "Sons of Liberty," in Canada. 
President prohibits American citizens aiding the Cana- 
dians. 

Nov. 7. — Battle of Prescott, U. C. — the rebellion sup- 
pressed. 

National debt of United States paid — surplus revenue di- 
vided among the States. 

Mexico declares war against France. 

1839. March 9. — Peace concluded between France and Mexico. 
Oct. 9. — United States Bank suspends payment. 
Disturbances on the north-eastern boundary of Maine. 

1841. Upper and Lower Canada united into one province. 
April 4. — President Harrison dies and John Tyler suc- 
ceeds him. 

May 31. — Congress meets in extra session. 
Aug. 9. — The Sub-Treasury Act repealed. 
" 18. — Bankrupt Act passed. 

1842. The Dorr Insurrection in Rhode Island. 
The Seminole war terminated. 

Treaty with England settling North-eastern Boundary 
Question. 



198 CHRONOLOGICAL RECORD. 

1843. June 9. — Washington Allston, painter, died at Cambridge. 
Aged 64. 

1845. Anti-rent riots in New York. 

Mexico declares war against the United States. 

1846. April 24. — Hostilities commence with Mexico. 
May. — The Mexicans bombard Fort Brown. 

" 18. — Taylor crosses the Rio Grande and takes Mata- 

moras. 
July 6. — Com. Sloat takes possession of California. 
Aug. 22. — New Mexico annexed to the United States. 
Nov. 14. — Tampico, Mexico, occupied by United States 

troops. 

1847. Jan. — Mexicans massacre Americans in New Mexico. 
March 29. — Vera cruz surrenders to Gen. Scott. 

Sept. 12-14. — Chepultepec stormed, and city of Mexico 
taken by assault, by the Americans, under Gen. Scott. 

1848. Feb. 2. — Upper California ceded to the United States. 

" 22. — Treaty of Peace with Mexico signed at Guada- 
loupe, Hidalgo. 
Cultivation of the tea-plant commenced in South Carolina. 
Dec. 8. — First deposit of California gold in the Mint. 

1849. April 25. — Parliament House at Montreal burned by in- 

surgents. 

1850. July 9.— Death of President Taylor. 

" 10. — Inauguration of Millard Fillmore. 
Sept. 18. — The Fugitive Slave Act passed. 
Texas Boundary settled by payment of $10,000,000 to 

Texas. 
New Mexico and Utah admitted as Territories. 
Slave-trade abolished in the District of Columbia. 

1851. April 16. — The light-house in Boston Harbor carried away. 
May 8. — Southern Right's Convention at Charleston, S. C. 
Nov. — The frigate "Mississippi" sent to Turkey for Kos- 
suth. 

Dec. — Kossuth arrives in New York. 
" 14. — Principal room of the Congressional library 
burned. 

1852. Jan. — The Ohio State House burned. 

1853. May 30. — Dr. Kane sails on his Arctic expedition. 
July 8. — Com. Perry's expedition arrived at Japan. 
Dec. 16. — Santa Anna elected Dictator of Mexico for life. 

1854. Jan. 5. — Steamer <l San Francisco " foundered at sea — ■ 

240 U. S. troops lost. 
Mar. 8. — Commercial Treaty concluded with Japan, 
April 20. — Miss Dix's Bill favoring the indigent insane 

vetoed. 



CHRONOLOGICAL RECORD. 199 

1854. April 28. — U. S. announces neutrality in the Eastern 

Question. 
May 31. — Kansas-Nebraska Bill passed by Congress. 
June 7. — Reciprocity concluded with England. 
July 13. — Bombardment of Grey town, Central America, 

by a United States man-of-war. 
Dec. — Death of J. Harrington, last survivor of the battle 

of Lexington. 

1855. Feb. 1. — U. S. steamer " Waterwitch " fired on, on the 

Paraguay. 
Nov. 3. — Passmore Williamson released from 3 months' 

imprisonment in the Wheeler Slave Case. 
Dec. 8. — Abdication of Santa Anna, Dictator of Mexico. 

1856. Feb. 2. — N. P. Banks elected Speaker of U. S. House of 

Representatives. 

April 17. — Quebec made the seat of Canadian govern- 
ment. 

May 22. — Senator Sumner, of Mass., assaulted by Brooks, 
of S. C. 
" 28. — The British Envoy ordered to quit Washington. 

June 24. — Gen. Walker recognized as President of Nic- 
aragua. 

July 13 — J. W. Geary confirmed as Governor of Kansas. 

Aug. 30. — Extra session of Congress adjourns. 

1857. Mar. G. — The Dred Scott Decision delivered by C. J. 

Taney. 

" 26. — R. J. Walker appointed Governor of Kansas. 
Aug. 24. — General financial panic begins. 
Sept. 8. — Loss of the " Central America " and 450 lives. 

" 23. — Commencement of the great religious revival. 
Dec. — Commercial failures this year, 5,123 ; liabilities, 

$291,757,000. 

1858. Feb. — Juarez declared President of Mexico — war ensues. 

" 14. — U. S. army defeats the Mormons in Utah. 
Mar. 28. — Nicaragua seeks the protection of the United 
4 States. 
April 30. — The "English Kansas Bill" passes Congress. 
May 23. — Minnesota State Government organized. 
June 10. — Atlantic Telegraph fleet land. 

" 13. — Treaty of Amity with China signed. 
Aug. 5. — Completion of the Atlantic Telegraph. 

" 7. — Ottawa made the Capital of Canada. 
Oct. 5. — Crystal Palace, New York, burned. 

1859. April 4. — Mr. McLane reorganizes the Juarez Gov., Mex. 
Oct. 3. — J. Y. Mason, Minister to France, dies at Paris. 

" 17. — John Brown's raid at Harper's Ferry, Va. 



200 CHRONOLOGICAL RECORD. 

1860. Feb. 1.— Pennington, of N. J., elected Speaker U. S. 

House Rep. 
May 14. — Japanese Embassy arrives at Washington. 
June 3. — Terrible tornado in Illinois and Iowa. 

" 28. — Steamer " Great Eastern " arrives at New York. 
July 24.-Sept. 20.— Visit of Prince of Wales to U. S. and 

Canada. 
Nov. 6.— Abraham Lincoln elected President. 

" 7. — The " Palmetto Flag " hoisted in Charleston 

harbor. 

" 10. — South Carolina Legislature proposes secession. 

" 11. — Senator Hammond, of South Carolina, resigns. 

" 18.— Georgia appropriates $1,000,000 to arm the 

State. 

Maj. Anderson sent to Ft. Moultrie. 
Dec. 1. — Great secession meeting at Memphis. 

" 3. — Congress met. 

" 10. — Howell Cobb, Secretary of the Treasury, resigns. 

" 13. — The President opposes reinforcing Ft. Moultrie. 

" 14. — Gen. Cass, Secretary of State, resigns. 

" 18. — Crittenden Compromise introduced into U. S. 
Senate. # 

" 20. — South Carolina adopts Secession Ordinance. 

" 22. — Crittenden Compromise defeated in Com. of 13. 

" 25. — Members of Congress from South Carolina resign. 

" 26. — Maj. Anderson, with 111 men, takes possession 

of Sumter. 

" 27. — Rjev'e cutter " Wm. Aiken " surrendered to S. C. 
authorities. 

" 28. — S. C. authorities take Castle Pinckney and Ft. 

Moultrie. 

" 29. — John B. Floyd, Secretary of War, resigns. 
1861 Jan. 2. — Gov. Ellis, of N. C, takes possession of Ft. Macon. 

" 4. — Gov. Moore, of Alabama, seizes Ft. Morgan, and 

United States arsenal at Mobile. % 

National Fast Day, by order of the President. 
Jan. 8. — Jacob Thompson, Secretary of Interior, resigns. 

" 9.-Feb. 1. — Mississippi, Florida, Alabama, Georgia, 

Louisiana, and Texas passed secession ordinances. 

Steamer ''Star of the West" fired on in Charleston harbor. 
Jan. 11. — John A. Dix appointed Sec. of Treasury, vice 
Thomas, resigned. 

" 13. — Florida troops take possession of Pensacola 
Navy-yard. 

" 18.— Virginia appropriates $1,000,000 for State de- 
fense. 



CHRONOLOGICAL RECORD. 201 

1861. Jan. 21. — Jeff. Davis resigns his seat in the U. S. Senate. 
" 24. — U. S. arsenal at Augusta, Ga., seized. 
Feb. 1. — Mint and custom house, N. 0., seized by La. 
authorities. 

" 4. — Southern Confederacy formed at Montgomery, 
Ala. 

Peace Cong, meets at Wash'n — Ex-Pres. Tyler, Pres. 
Feb. 9. — Jeff. Davis elected President of Southern Con- 
federacy. 

" 19. — Fort Kearney, Kansas, seized by the Confeder- 
ates. 
Mar. 1. — Gen. Twiggs expelled from the army for treason. 
Peace Congress adjourned, after a stormy session — ac- 
complished nothing. 
Mar. 5. — Beauregard takes command at Charleston, S. C. 
" 7. — Beauregard stops all intercourse between Ft. 
Sumter and Charleston. 



THIRD PERIOD: 

FROM THE GREAT REBELLION TO A. D. 1872. 

1861. April 12. — Bombardment of Fort Sumter commenced. 

" 13. — Maj. Anderson capitulates, and sails for New 

York. 

" 15. — President Lincoln calls for 75,000 volunteers. 

" 17. — Jeff. Davis offers letters of marque to privateers. 

" 18. — Arsenal at Harper's Ferry destroyed by the 

Commander. 

Col. Coke and 400 men, from Penn., arrive at Washington. 
April 19. — The 6th Massachusetts regiment fired on in 

Baltimore — 2 soldiers and 11 of the mob killed. 
Pres. Lincoln declares the Southern ports in a state of 

Blockade. 

" 20. — Gosport Navy-yard and 8 war-vessels destroyed. 
The 4th Massachusetts Regiment arrives at Fortress 

Monroe. 
April 25. — Virginia proclaimed a member of Southern 

Confederacy. 
May 4. — McClellan placed in command of the Dep'm't 

of Ohio. 

" 5. — Gen. Butler takes possession of the Relay House, 

Maryland. 

" 6. — Arkansas secedes. 



202 CHRONOLOGICAL RECORD. 

1861. May 11.— Charleston, S. C, blockaded. 

" 13. — England acknowledges the insurgent states as bel- 
ligerents. 

" 16. — Gen. Scott orders the fortification of Arlington 

Heights. 

" 18. — Gen. Butler takes command of the Department 

of Virginia — head-quarters, Fortress Monroe. 

" 20. — North Carolina secedes ; Kentucky declares 

neutrality. 

" 21.— Tennessee secedes. 

" 22. — Fortifications at Ship Island destroyed by Union- 
ists. 

" 24. — Federal troops cross the Potomac ; Alexandria 

occupied ; Col. Ellsworth shot. 

" 26. — All postal services in the seceded States sus- 
pended. 
June 3. — Hon. S. A. Douglas dies at Chicago. 

Beauregard takes command of Confederates at Manassas 

Junction. 

" 10.— Maj. Winthrop killed at Big Bethel. 

" 14. — Confederates evacuate Harper's Ferry. 

" 15. — The captured privateer "Savannah" arrives at 

N. Y. 

" 17. — Gen. Lyon defeats the Confederates at Boone- 

ville, Mo. 

" 20. — Gen. McClellan assumes command in West 

Virginia. 

" 29. — The Wheeling Government, Virginia, acknowl- 
edged by the President. 

" The privateer '" Sumter " escapes from New Orleans. 
July.— First United States war loan— $250,000,000. 

" 4. — Congress meets in extra session. 

" 6. — Fremont appointed to command of Western 

Department. 

" 11. — Nine Southern members expelled from the U. 

S. Senate. 

" 16. — The President authorized to call out 500,000 men. 

" 22. — McClellan takes command of Army of the Po- 
tomac. 
Aug. 3. — Confiscation Bill passed. 

" 5. — Com. Alden bombards Galveston. 

" 6. — Congress adjourns. 

" 10. — Gen. Lyon killed at Wilson Creek. 

" 14. — Gen. Fremont declares martial-law in St. Louis. 

Mutiny of the 79th New York Regiment at Washington. 

" 16. — Gen. Wool takes command at Fortress Monroe. 



CHRONOLOGICAL RECORD. 203 

1861. Aug. 16. — President suspends all commerce with seceded 

States. 

" 23 — A large body of Cherokee Indians join Confed- 
erates. 

" 26. — The Hatteras Expedition sailed from Fortress 
Monroe. 

" 2 ( J. — Capture of Forts Hatteras and Clarke. 
Sept. 6. — Gen. Grant takes possession of Paducah, Ky. 

" 11. — Pres. Lincoln orders Gen. Fremont to modify 
his emancipation proclamation. 

" 18. — Secession members of Maryland Legislature 
sent to Ft. Mc Henry. 

" 20. — Lexington, Mo., surrendered to the Confederates. 

" 21. — Ex-Vice Pres. Breckinridge joins the Confed- 
erates. 
Oct. 11. — Confed. steamer "Nashville" escapes from 
Charleston. 

" 29. — Naval expedition, under Com. Dupont and Gen. 
Sherman, leaves Fortress Monroe. 
Nov. 1. — Gen. Scott resigns as Commander-in-Chief; Gen. 
McClellan succeeds him. 

" 7. — Halleck assigned to the command of Department 
of the West. 

" 8. — Mason and Slidell taken from a British steamer. 

" 18. — C. S. Congress convened at Richmond, Ya. 

" 24. — Mason and Slidell placed in Ft. Warren, Boston 
harbor. 
Dec. 4. — Breckinridge expelled from U. S. Senate for 
treason. 

" 6. — Occupation of Beaufort, S. C, by U. S. forces. 

" 11. — All the islands adjacent to Port Royal occupied 
by Union forces. 

" 21. — 17 stone vessels sunk in the harbor at Charles- 
ton, S. C. 

" 30. — N. Y. and Boston banks suspend 8pecie pay- 
ment. 

1862. Jan. 1. — Mason and Slidell delivered to the British Min- 

ister. 

" 12. — The Burnside Expedition sailed from Ft. Monroe. 

" 13. — E. M. Stanton app. Sec. of War, vice Cameron, 
resigned. 

Cameron nominated Minister to Russia, vice Clay, re- 
signed. 

" 18.— Death of Ex-President Tyler, at Richmond, Va. 
Feb. 5. — Jesse D. Bright expelled from the U. S. Senate. 

'' 6. — Ft. Henry, on Tenn. River, surren. to Com. Foote. 



204 CHRONOLOGICAL RECORD. 

1862. Feb. 8. — Gen. Burnside captures 6 forts on Roanoke 

Island. 

" 22. — Jefferson Davis inaugurated President of the 

Southern Confederacy. 
Mar. 3. — Brighum Young elected Governor of Deseret, 

Utah. 

" 8. — The " Merrimac " destroys 2 U. S. vessels. 

" 9.— U. S. Battery " Monitor " defeats the " Merri- 
mac." 

" 11. — Gen. McClellan removed from the supreme com- 
mand of the army and appointed to the command of 

the Army of the Potomac. 
April 2. — Pres. Lincoln's Emancipation Resolution passed 

the Senate. 

" 8. — National Tax Bill passed U. S. House of Rep. 

" 24. — Destruction of Dismal Swamp canal completed. 

" 27.— Stars and Stripes raised over U. S. mint in N. O. 

Gen. Butler landed his troops near Fort St. Philip. 
April 28. — Forts Jackson and St. Philip surrender. 
May 7. — Pres. Lincoln visits Fortress Monroe and the fleet. 

" 9. — Confederates evacuate Pensacola and destroy the 

navy-yard. 

" 11. — Confederates blow up the "Merrimac." 

" 12. — Natchez surrendered to Com. Farragut. 

" 25. — Gen. Banks retreats from Winchester to Mar- 

tinsburg. 

" 26. — Additional troops called for by Government. 

Gen. Banks' army crosses the Potomac. 

Confiscation Act passed the House of Representatives. 
June 6. — Tax Bill passed U. S. Senate. 

" 20. — Porter, with 10 mortar-boats, arrived off Vicks- 
burg. 

11 26. — Gen. Pope assigned to command of the Vir- 
ginia army. 

M 27. — Bombardment of Vicksburg commenced. 

Fiemont relieved of his command, at his own request. 
July 1. — President Lincoln calls for 600,000 volunteers. 

" 1 1. — Gen. llalleck appointed commander of all land 

forves. 

" 22. — Siege of Vicksburg abandoned. 

" 27. — Steamer "Golden Gate," from San Francisco 

burned — 230 passengers, and 1$ million treasure lost. 
Aug. 4. — Draft ordered for 300,000 militia. 

u 5. — Gen. Robt. McCook murdered, riding in an am 

bulance. 

" 20. — Sioux Indians repulsed at Ft. Ridgely, Minn. 



CHRONOLOGICAL RECORD. 205 

1862. Sept. 2. — Martial-law declared in Cincinnati. 

" 5.— Confederate army commences crossing into 
Maryland. 

" 7. — McClellnn takes command in person of Potomac 
Army. 

" 17. — Cumberland Gap evacuated by the Federals. 

" 22. — Pres. Lincoln issues his Emancipation Procla- 
mation. 

" 24. — Convention of loyal Governors at Altoona, Penn. 

" 25. — Habeas Corpus suspended by the U. S. Govern- 
ment. 

" 29. — Gen. J. C. Davis kills Gen. Nelson at Louisville. 

Gen. Thomas succeeds Gen. Buell in command. 
Oct. 10. — Confed. Gen. Stuart's cavalry reaches Cham- 
bersburg, Penn. 

" 30. — Gen. Mitchel died of yellow fever, at Beaufort, 
S. C. 
Nov. 5. — Gen. Burnside succeeds Gen. McClellan. 

" 15. — Gen. A. G. Hamilton app. Military Gov. of Texas. 

" 16. — Pres. Lincoln enjoins the observance of the 
Sabbath. 

" 18. — The "Alabama" escapes from Martinique. 

" 22. — All political state prisoners released. 
Dec. 6. — Gen. Banks' expedition sails from N. Y., for 
New Orleans. 

" 16. — Gen. Banks succeeds Gen. Butler at New Orleans. 

" 17. — Union troops occupy Baton Rouge. 

" 31. — West Virginia admitted as a State. 

1863. Jan. 1. — Pres. Lincoln declares all the slaves in the 

Confederate States free. 

" 9. — Exchange of 20,000 prisoners effected. 

" 10. — Bombardment of Galveston begun. 

" 11. — Gun-boat " Hatteras " sunk by the "Alabama." 
Feb. 12.— National Currency Bill passes the Senate. 
Mar. 21. — Death of Maj.-Gen. E. V. Sumner. 
April 7. — Ship "Morning Star" captured by the " Ala- 
bama." 

" 22— May 2. — Grierson's raid. 
May g. — Col. Streight's command (1,700) captured. 

Confederate Gen. Van Dorn killed by Dr. Peters. 

" 10. — Death of "Stonewall" Jackson. 

" 13. — Yazoo City captured by Union pin-boats. 

« 18_ — Commencement of the battles before Vicksburo;. 

" 25. — Confederate navy-yard destroyed at Yazoo City. 

" 28. — First colored regiment from the North leaves 
Boston. 



206 AMERICAN HISTORICAL CHART. 

1863. June 1. — Gen. Gilmore succeeds Gen. Hunter in the 

South. 

" 2. — 3,000 Confederate prisoners arrive at Indianap- 
olis. 

" 17. — Kilpatrick defeats Fitzhugh Lee's cavalry bri- 
gade. 
" 21. — Lee makes his second invasion of Maryland. 
" 26. — Rear-Admiral Foote died in New York. 
" 28. — Meade succeeds Hooker in command of Poto- 
mac army. 
July 4. — Vieksburg surrendered to the Union army. 
" 8. — Port Hudson, with 7,000 prisoners, surrendered 
to Banks. 
Gen. Morgan invades Indiana and captures Corydon. 
July 13-16. — Great riot in New York. 

" 31. — Martial-law in Kentucky. 
Aug. 21. — Lawrence, Kan., pillaged and burned by Quan- 
trell's guerrillas — many citizens murdered. 
" 23.— -Shells thrown into Charleston — nearly 6 miles 
range. Fort Fisher, near Wilmington, bombarded. 
Sept. 1. — Gen. Burnside occupied Knoxville, Tenn. 
" 10. — General Burnside captures Cumberland Gap. 
" 15. — Pres. Lincoln suspends the Habeas Corpus Act. 
Nov. 5. — Brownsville,- Texas, captured. 
Dec. 4. — Gen. Longstreet raises the siege of Knoxville. 

1864. Feb. 1. — Pres. Lincoln orders a draft for 500,000 men. 

Kilpatrick and Dahlgren's raid on Richmond. 
May 8. — Gen. Grant commissioned as Lieutenant-General. 
" 12. — Gen. Grant appointed to command U. S. armies. 
" 25. — Gen. Forrest captures and fires Paducah, Ky. 
April 26. — Gov. accepts the service of 100-days' men. 
May 5. — Gen. Butler lands on the south side of the James. 
" 7. — Sherman begins his march against Atlanta. 
" 13. — Sheridan reaches Hanover Junction in rear of 
the enemy. 
June 19. — The " Kearsarge " sinks the 'Alabama." 

" 30. — Sec. Chase resigns; Hon. W. P. Fessenden 
appointed his successor. 
July 5. — Confederates, under Early, invade Maryland. 
" 30. — Chambersburg, Penn., partially burned. 
Explosion of a mine at Petersburg. 
Aug. 5. — Com. Farragut gains a victory in Mobile Bay. 
" 18.— Weldon R. R. seized by Gen. Grant. 
" 23. — Fort Morgan surrendered. 
Sept. 19. — Gen. Sheridan's victory in the Shenandoah 
Valley. 



CHRONOLOGICAL RECORD. 207 

1864. Oct. 7. — Pirate vessel "Florida" captured by the "Wa 

chusett." 
Nov. 3. — The " Albemarle " destroyed by Lieut. Gushing 

" 16. — Gen. Sherman commences his march to the sea 
Dec. 21. — Gen. Sherman enters Savannah, Ga. 

1865. Jan. 15.— Union troops and fleet capture Fort Fisher. 
Feb. 4. — Illinois black laws repealed. 

" 18. — Gen. Gihnore takes possession of Charleston, 

S. C., and hoists the Old Flag over Fort Sumter 
Feb. 19. — Fort Anderson, N. C., taken. 

" 23. — Raleigh, N. O, captured. 
Mar. 2. — Gen. Sheridan captures Gen. Early and his 

army. 

" 10. — Gen. Sherman occupies Fayetteville, N. C. 

" 17. — Confederate Congress adjourned " sine die." 
April I. — New and higher tariff conies in force. 

" 2. — Gen. Lee's line at Petersburg carried. 

" 9. — Gen. Lee surrendered with his whole army. 

" 14. — Pies. Lincoln assassinated by J. Wilkes Booth. 

" 15. — Death of Lincoln; Andrew Johnson becomes 

President. 

" 26. — Gen. Johnston surrendered. 

" 27. — Booth, the assassin, mortally wounded and 

captured. 
May 4. — Gen. Dick Taylor surrenders. 

" 10.— Jeff. Davis captured. 

" 22. — Proclamation opening southern ports, and ex- 
ceptional amnesty. 
May 24 — Grand review of Gen. Sherman's army at 

Washington. 

Jeff. Davis indicted for treason. 
May 26. — Kirby Smith surrendered. 

" 31. — Gen. Hood and staff surrendered. 
End of the rebellion. 
July 7.— The assassins of Pres. Lincoln hung. 
Nov. 2. — National thanksgiving. 

" 10. — Execution of Wiry., the Southern prison-keeper. 
Dec. 18. — Slavery declared constitutionally abolished. 

1866. May 3.— Colorado Bill vetoed. 

June 7. — Pres. Johnson's address against the Fenian 

movement. 
July 16. — Cong, passed second F.'s Bureau Bill over veto. 
Sept. 6. — Corner-stone of Douglas Monument laid at 

Chicago. 
Dec. 20. — Suffrage given to colored men in District of 

Columbia. 



208 CHRONOLOGICAL RECORD. 

1867. Feb. 9. — Nebraska admitted as a State. 
Mar. 2. — Tenure of Office Bill passed. 

Reconstruction Bill passed over President's veto. 
April 10. — Russian American Treaty approved by the 

Senate. 
May 13. — Jeff. Davis released on bail. 
July 1. — Congress meets in extra session. 

" 19. — Supplementary Reconstruction Bill passed, over 

veto. 

" 20. — Congress adjourns until November. 
Aug. 12. — Pres. Jobnson suspends Sec. Stanton from 

office. 

1868. Jan. 1. — Gen. A. D. McCook succeeds Gen. McKenzie 

in the Sub-district of the Rio Grande. 
Jan. 5. — U. S. Military Asylum at Augusta, Me., burned. 

" 6. — Congress meets — Pres. censured for removing 

Sheridan. 
Sec. Seward announced that 21 States had ratified the 

14th amendment to the Constitution. 
Jan. 11. — Chinese Government appoints Anson Burlin- 

game (former U. S. Minister) Special Envoy. Salary, 

$40,000. 
Jan. 13. — The Senate non-concurred in Stanton's suspen- 
sion. 

" 29.— Death of Bishop Hopkins, of Vermont. Aged 

76. 
Feb. 18. — Senate bill passed for the reduction of the 

army. 

" 21. — The President declares Gen. Thomas in Stan- 
ton's place. 

" 24. — The House of Representatives impeach the 

President. 
Mar. 12. — Bill passed to abolish tax on manufactures. 

" 18. — Admiral Farragut received by the Pope of 

Rome. 

" 30. — Impeachment Trial commenced in the Senate. 
May 22. — Arrival of the Chinese Embassy in New York. 

" 23. — Kit Carson, the noted trapper, died. Aged 58. 

" 26. — Impeachment Trial ends — Pres. Johnson ac- 
quitted. 

Sec. Stanton resigns. 

" 29. — G. A. of the Republic decorated Union soldiers' 

graves. 

Ex-Gov. Lincoln of Massachusetts, dies. Aged 75. 

Heavy shocks of earthquake at Sacramento. 

" 30. — Treaty concluded with the Osatce Nation. 



CHRONOLOGICAL RECORD. 209 

1868. June 4. — Ex-Prea. Buchanan buried at Wheatland, Penn. 

" 5. — The Chinese Embassy received by the President. 
" 10. — Bill passed Senate for admission of S. States. 

" 12. — Keverdy Johnson confirmed as Minister to 

England. 

" 16. — Gov. Humphreys removed, and Gen. Ames ap- 
pointed Governor of Mississippi. 

" 20. — Commencement of difficulties between U. S. 

Embassador and the Government of Paraguay. 

" 24.— The Senate ratifies the Chinese Treaty. 

" 25. — Freedman's Bureau Bill passed, over veto. 
July 4. — Pres. Johnson issues his proc. of amnesty to all 

engaged in the rebellion, except those already indicted. 

" 15. — Wm. M. Evarts confirmed as Attorney-General. 

" 16. — Laws of United States extended over Alaska. 

Riot at Millican, Texas — 45 persons killed. 

" 17. — Senate appropriates $7,200,000 for payment for 

Alaska. 

" 21. — Congress declares the 14th Amendment ratified. 

" Bill passed organizing Wyoming Territory. 
Aug. 3. — Mr. Washburn denies the charge of conspiracy 

against Lopez. 

Failure of the Atlantic Cable of 1866. 

Charles G. Halpine (Miles O'Reily) dies. Aged 39.^ 

" 11.— Thaddeus Stevens, M. C. from Pennsylvania, 

dies. Aged 75. 

" 14. — Encke's comet discovered at Naval Observatory 

Washington. 

" 17. — National Teachers' Ass'n, at Nashville, Tenn. 

" 20. — Chinese Embassy in Boston. 

Death of Gen. B. F. Smith at Fort Reno. Aged 37. 
Sept. 3. — Ga. Legis. declares negroes ineligible to seats. 

" 18. — General Hindman assassinated at Helena, Ark. 
Oct. 21. — Serious earthquakes in California. 

James Hind, M. C. from Arkansas, assassinated. 

" 25.— Colonel Carpenter defeats the Cheyennes and 

Arrapahoes. 
Dec. 6. — Ku-Klux outrages in Tennessee. 

" 20. — Augustus S. Mitchell, Ainer. geographer, dies. 

" 25. — President Johnson issues a universal amnesty 

proclamation. 

" Mosby Clarke, a Revolutionary soldier, dies at Rich- 
mond, "Virginia. Aged 121 years. 

" General Sheridan captured the Indian chiefs Son 

tanta and Lone Wolf. 
1869. Jan. 1. — New suspension bridge at Niagara Falls opened. 

18 



210 CHRONOLOGICAL RECORD. 

1869. Feb. 1. — United States Supreme Court decides Internal 

Revenue Laws constitutional. 
" 19. — Jefferson Davis and his sureties released. 
" 24. — The Copper Tariff Bill passed, over veto. 
" 26. — Capital of West Virginia located at Charleston. 

Constitutional Amendment passed, over the veto. 

Passage of Bill to strengthen the public credit. 
Mar. 4. — Hon. J. G. Blaine, of Maine, elected Speaker 

of the United States House of Representatives. 
April 5. — United States Supreme Court decides the State 

taxation of national bank stock legal. 

" 9. — Passage of the Reconstruction Bill. 

" 10. — 100 lodges Arrapahoe Indians surrender. 

" ] 7. — Arrival of first cargo of tea at Chicago via Pacific 

Railroad. 
May 10. — Central Pacific Railroad completed. 
" 17. — Gen. D. E. Sickles appointed Minister to Spain. 
" 29-30. — Decoration of Union Soldiers' graves. 
June 1. — Corner-stone of the Atlanta (Ga.) Univ'ty laid. 
" 10. — 200 acres of the Mount Vernon estate sold. 
" 15-18. — Great Peace Jubilee Concerts in Boston. 
" 18. — Death of Honorable II. G. Raymond, of the 

New York " Times.'' 

Dedication of Monument in Gettysburg Cemetery. 
July 3. — Equestrian Statue of Washington unveiled in 

Boston. 

" 8. — Monument to Fitz Greene Ilalleck dedicated at 

Guilford, Conneticnt. 

" 14. — Frightful accident and loss of life on the Erie 

Railroad. 

National Convention of Y. M. C. A. at Portland, Me. 
" 22. — Commodore S. S. Lee died in Virginia. 
" 23. — Death of Ex-Governor Crapo, of Michigan. 

Arrival of steamers laying the French Cable, at Dux- 
bury, Massachusetts. 

" 30. — Death of Hon. Isaac Toucey, of Connecticut. 
Aug. 8. — Total eclipse of the sun, visible in the U. S. 
" 12. — Coin. Jarvis, U. S. N., died at Geneva, Illinois. 
" 18. — Nat. Educational Convention, at Trenton, N. J. 
Sept. 6. — Disastrous fire in a coal shaft near Scranton, 

Pennsylvania. 

Secretary John A. Rawlins died at Washington. 

Destructive gale in Massachusetts and Maine. 

" 12. — Large meeting in Quebec favoring annexation 

to United States. 

" 24. — Unparalleled gold excitement in New York. 



CHRONOLOGICAL RECORD. 211 

1869. Oct. 1. — toiler exp. at Ind. State Fair. 25 persons killed. 

" 4. — Violent tornado on the coast of Maine. 

" 5. — 60th annual session of the A. B. C. F. M. at 

Pittsburg. 

" 8.— Death of Ex-Pres. Franklin Pierce. Aged 64. 
" 13. — Cien. W. W. Belknap, of Iowa, apn. Sec. of War. 
" 20.— C. W. Eliot installed Pres't of Harvard College. 
" 27. — Remarkable meteor exp. near Forest Station, O. 
"28. — Steamer "Stonewall" burned below St. Louis. 

More than 200 lives lost. 
Nov. 1. — Cincinnati School Board forbid reading the Bi- 
ble in the Public Schools. 

" 4. — George Peabody died at his residence in London. 
" 8. — Rear-Admiral Stewart died at Bordentown, New 

Jersey. Aged 92. 

" 11. — Death of Robert J. Walker in Washington. 
" 12. — Amos Kendall, Ex-Post-master-General died. 

Aged 80. 

" 23. — Indiana Supreme Court decide National Bank 

Currency taxable. 
" 25. — A. D. Richardson mortally wounded in New 

York Tribune office, by Daniel MeFarland. 
Dec. 6. — Fern. Suff. Bill passed by Wyoming Legislature. 
" 20. — E. M. Stanton confirmed as Judceof U. S. S. C. 

1870. Jan. 8.— Death of Major-General J. A. Mower at N. O. 

" 14. — Bill passed for the re-admission of Virginia. 
" 21. — Prince Arthur, of England, arrived in N. Y. 
" 25. — Peabody funeral fleet arrives at Portland, Me. 
" 28 — U. S. corvette Oneida sunk by British steamer 

Bombay, near Yokohama, Japan. Many lives lost. 
Feb. 7. — Legal Tender Act declared unconstitutional by 

Chief Justice Chase. 

" 8. — Funeral of (leorge Peabody at Peabody, Mass. 
" 15. — Superior Court of Cincinnati decide against the 

authority' of the School Board to exclude the Bible 

from the Public Schools. 

Ohio River bridge at Louisville formally opened. 
Mar. 5. — Forty families massacred by Indians in Texas. 
" 7. — Women serve as jurors in Wyoming Territory. 
" 8. — Governor Austin, of Minnesota, vetoed the 

Woman's Suffrage Bill. 
11 26. — Pierre Sonle died at New Orleans. 
" 30. — Ratification of the 15th Amendment officially 

proclaimed. 
Apr. 2. — Great earthquakes it San Francisco. 
" 12. — The Saint Thomas treaty expires by limitation. 



212 CHRONOLOGICAL RECORD. 

1870. Apr. 19.— The U. S. Senate pass the Georgia bill. 

" -27.- — The floor of the Court-house at Richmond, Vir- 
ginia, falls. Nearly 200 persons killed and wounded. 
May 6. — Return of General T. Jordan, the Cuban Com- 
mander, to New York. 

" 23. — Beginning of the Fenian raid into Canada. 
" 24. — Proclamation of President Grant against the 
Fenian raid. 

" 26.— The North Pacific R. R. Bill becomes a law. 
" 30. — Decoration of Union soldiers' graves. 
June 6. — Reception of Red Cloud and the Sioux chiefs 
at Washington. 

" 11.— Death of William Gilmore Simms, at Charleston, 
South Carolina. 

" 21. — Bill to abolish the franking privilege defeated. 
" 29. — The San Duin. treaty rejected by the Senate. 
July 3. — The new Constitution of Illinois adopted. 
" 12. — Serious riot between the Catholics and Orange- 
men in New York. 

" 14. — Congress grants $3,000 per an. to Mrs. Lincoln. 
" 15. — General Starr and other Fenians sentenced to 
two years imprisonment. 

" 21. — International Convention of Young Men's 
Christian Association at Indianapolis. 
Aug. 14.— Deatli of Ad. Farragut at Portsmouth, N. H. 
Sept. 8. — The U. S. recognized the French Republic, 
" 9. — Death of Dr. N. Lord, Ex-pres. of Dart. College. 
" 30. — Great floods in Va, Richmond partially sub. 
Oct. 1. —Yellow Fever raging on Governor's Island,' N. Y. 
" 8.— Second neutrality proclamation by the Pres. 
" 20. — Severe shock of an earthquake in the North- 
east and Middle States. 

" 21 — Thomas Hughes, M. P., lectures in New York. 
Nov. 7. — Bloody Riots in Donaldson, Louisiana. 
" 14. — Minister Motley peremptorily recalled from 
England. 

" 24. — Army of the Cumberland meets at Cleveland. 
Dec. 1. — The S. Court of Mass. decides that a contract 
carried into effect on Sunday can not be repudiated. 
" 4. — Arrest of General Jordan, the Cuban comman- 
der, in New York. 

" 6. — Death of Gen. Hiram Walbridge in New York. 
" 20. — Articles of impeachment preferred against Gov- 
ernor Holden of North Carolina. 
1871 Jan. 1. — Terrific gales on the entire Atlantic coast. 

" 2. — Reception at the President's White House 



CHRONOLOGICAL RECORD. 213 

omitted. A custom never before departed from since 
Washington's day. 
1871. Jan. 2. — Council of Indian nations at Ocmulgee, and a 
constitution adopted by a vote of 52 to 3. 
" 3. — Celebration of the 8th anniversary of Presi- 
dent Lincoln's Proclamation of Emancipation. 
" 4. — Trial of Cadet Smith and others at West Point. 
" 7. — Twenty car-loads of tea arrive at New York 
23 days from Hong Kong via San Francisco. 
" 8. — Alarming spread of hoof and mouth disease 
in New England. 

" 9. — Correspondence between Secretary Fish and 
Minister Motley submitted to Congress. 
The Cincinnati Clergy resolve against the license of 
prostitution in that city. 

" 10. — The great coal mine strike begins in Penn. 
The Mint Pill passed by the U. S. Senate. 
In Kansas women made clerks in both Houses, and a 
girl appointed a page. 

" 7-12. — The Hornet lands men on the coast of Cuba, 
who are attacked by Spaniards, and 17 men killed or 
captured. r 

" 11. — The United States Senate passes the San Do- 
mingo Commission Bill. 

Fourteen mariners desert from the Pensacola Navy 
yard and all are drowned in trying to escape. 
" 12. — The famous Ohio Liquor Pill becomes a law. 
" 13.— The $300,000,000 five per cent. Refunding Bill, 
passed by the House. 

Woman suffrage defeated in Congress ; 3,000 women 
having memorialized Congress against it. 
" 14-16. — Heavy and disastrous snow storm over the 
Western states. 

" 14. — Steamer T. L. McGill exploded her boilers on 
the Mississippi, 58 persons perished. 
" 15. — First arrival of teas at N. Y. via Suez Canal. 
" 17. — Sailing of the Tennessee with San Domingo 
Commissioners. 

" 18. — Fourteen Japanese nobles arrive at San Fran- 
cisco to attend college in the United States. 
At Laoonia and Lake Village, New Hampshire, several 
earthquake shocks are felt. 

" 19. — The first car load of California cotton sent to 
New England. 

" 24. — Annual session of the Workingmen's assembh 
at Albany, New York. 



214 CHRONOLOGICAL RECORD. 

1871. Jan. 25. — Vinnie Ream's statue of Lincoln unveiled at 
Washington. 

" 28. — British America joins the Dominion of Canada. 

Steamer W. R. Arthur exploded her boilers near Island 

No. 40 on the Mississippi and burnt. 87 lives lost. 
Feb. 1. — Congress admits the Georgia Senators, and the 

South is now all represented. 

Sixty Indians killed in a fight on the Colorado River. 

" 3. — The U. S. Senate pensions the soldiers of 1812. 

" 5. — The New Hamburg, New York, Railway catas- 
trophe killed and roasted or drowned 22 human be- 
ings, and cost the company hundreds of thousands of 

dollars. 

" 6. — Congress votes $20,000 to defray expenses of 

investigating Ku Klux outrages. 

" 7. — Committee of Ways and Means agree to report 

a bill for the repeal of the Income Tax. 

" 8. — New Jersey ratifies the 15th Amendment. 

" 10. — Messrs. Fish, Hoar, Schenck, and Williams 

confirmed as High Commissioners, for the settlement 

of the Anglo-American difficulties. 

"* 11. — Two steamers leave New York with provisions 

for France. 

" 19. — The Chief Jus. of S. Court of Ark. impeached. 

The Governor and Lieutenant-Governor before, imp. 

" 20-21. — Unparalleled tropical storm in San Fran. 

" 23. — Dead lock in Indiana Legis., 34 Rep. resign. 

" 26. — Arrival of 20 Japanese Nobles and Princes in 

New York. 
March 1. — To this date, 6,000 women have memorialized 

Congress against granting Woman Suffrage. 

A tidal wave swept through Long Island Sound. 

w 2. — Boston Post Office Appropriation Bill passed in 

the Senate— cost not to exceed $1,500,000. 

Severe earthquake shock in Eureka, California. 

" The Boston, Hartford, and Erie Railroad Company 

declared bankrupt. 

" 4. — The Forty-first Congress expires, and the Forty- 
second Congress is organized. 

Treaty of Cora, formed between Italy and the U. S. 

Riot and murder at the Pennsylvania coal mines. 

•' 5. — Reign of terror in S. C. by Ku-Klux outrages. 

A bloody Chinese fight in San Francisco. 

" 6. — Horrible scene in court at Meridian, Miss. 

Judge Hramlette shot dead by a negro and ten negroes 

shot and killed 



CHRONOLOGICAL RECORD. 215 

1871. March 8. — A terrible tornado swept every thing before it 
from Helena, Arkansas, to Fayette, Illinois. 
" 9. — New York Chamber of Commerce propose a 
Pacific Ocean cable of 6,515 miles. 
" 14. — Election in New Hampshire — Dem. victory. 
" 17. — Project for a Congregational House in Boston, to 
cost $200,01)0. 

" 19. — The Legislature of Illinois, after ten weeks' 
hard labor, passed three bills, and one of these was 
vetoed by the Governor. 

" 23.— the New York City Viaduct Railway Bill 
passed by the Senate of New York. 
" 25. — A meteor, so brilliant as to cast a shadow, seen 
at New York. On the same dav, a fire destroys 
$250,000 worth of property in the city. 
" 26. — The Tennessee reaches Charleston with the San 
Domingo Commissioners. 

Great American Project set on foot to explore Pales- 
tine and Jerusalem. 

" 31. — Magnificent aurora; a great cloud of blood-red 
in the north-east sky ; the sight " to be remembered a 
life-time." During the month, a sun spot of 2,300,000 
square miles was visible. 
April 2. — Two sharp earthquake shocks at San Fran- 
cisco, California. 

" 3-4. — Elections in Rhode Island and Connecticut — 
Republican victories. 

" 8. — Roger Williams' statue unveiled at Washingt'n. 
" 11. — Equal Rights Bill passed the Mississippi Legis- 

" 14.— The Ku-Klux Bill passes the U. S. Senate. 
" 17. — Nebraska State Insane Asylum at Lincoln, 
burnt, and two inmates perish. 

" 18. — A United States captain and 14 soldiers killed 
by Indians in Texas. 

" 20. — Ku-Klux Enforcement Bill passed by Congress 
and signed by the President. 
" 27. — Indians massacre whites in Dakota. 
A new line of steamers projected from New York to 
Rome. 

" 28. — U. S. troops shoot 85 Arizona Indians. 
May 3. — Indian battle in the Pinal Mountains, Arizona, 
28 Apaches killed. 

" 4. — Pres. Grant issues a Ku-Klux Proclamation. 
" 7. — The Joint High Commission announce a treaty 
prepared. 



216 CHRONOLOGICAL RECORD. 

1871. May 8. — U. S. troops kill or wound nearly 300 Indians 

in a battle near Laramie. 

" 11. — Williamson's road steamer tried on Erie Canal. 
" 12.— The Anglo-American treaty made public. 
" 15. — New territorial government for Washington and 

the District of Columbia inaugurated. 

" 20. — Arizona people report 200 citizens murdered by 

the Apaches. 
" 21. — A twelve pound aerolite fell at Searsport, Me. 
" 25. — The Mountain Indians of Arizona declare war 

against the whites. 
" 27. — Twenty-one men killed and six more wounded, 

in a coal mine at Pittston, Pennsylvania. 
June 1. — National Ins. Cong, at Washington adjourned. 

The Rhea sunk, and eight persons drowned near New 

York. 

" 2. — Governor Bntler of Nebraska impeached and 

removed from office. 

Extraordinary sulphurous cyclone near Macon, 111. 
" 3. — Ex-Cong. Bowen found guilty of bigamy. 
" 4. — U. S. Army reduced to peace footing, 35,284. 
" 6. — Grand reception to Indian Chiefs at Boston. 
" 10. — Unveiling of the Morse statue in Central Park, 

New York. 

" 11. — Immense forest fires in Maine. 

" 12. — The Gregorian Calendar adopted in Alaska to 

bring Sunday right. 

Inauguration day in New Hampshire. 
" 16. — A telegram from Ilong Kong reaches New 

York, 15,000 miles, and is published in the daily pa- 
pers next morning. 
" 19. — National Musical Congress in Boston. 

Earthquake at Long Island and in New Jersey. 

Singular sinking of a canal bottom in Morris, N. J. 

" 23. — Terrific thunder storm at Chicago. 

" 25.— Alabama Claims, footed up to be $12,830,384. 

" 24-25. — Government teamsters attacked by 250 

Cheyennes at Port Bill; eight killed, and three more 

burnt at the stake. 

" 29.— Captain Hall leaves New York in the Polaris 

for the North Pole. 
July 3. — The missionary ship Morning Star arrives at 

Honolulu. 

" 5. — The Great Washington Treaty proclaimed by 

the President. 

" 8. — Tidal wave on Lake Superior — cause unknown. 



CHRONOLOGICAL RECORD. 217 

1871. July 11. — Superintendent Kelso, of N. Y., forbids the 
Orange display, and Gov. Hoffman revokes his order. 
" 12. — Terrible conflict in New York between the 
Roman Catholic Irish, and the National Guards and 
Police. 62 persons killed, and 137 wounded. 
" 13. — Amherst confers LL. D upon Horace Greeley. 
" 19. — Earthquake in all New England. 
" 22. — The most remarkable aurora ever witnessed, 
observed at Springfield, Mass., and elsewhere. 
" 24. — United States Scientific expedition to Brazil 
leaves New York. 

" 28. — The Polaris heard from at Newfoundland. 
" 30. — The "Westfield" explodes her boilers at New 
York. Of the 400 persons on board, 106 were killed, 
and 111 more or less injured. Com.'s loss $500,000. 
Tidal wave 5 feet high on Lake Winnepisseogee, New 
Hampshire. It was the first ever seen there. 
Aug. 1. — Women admitted to Burlington, Vermont, Uni- 
versity. 

" 3.— Fraudulent sale of $9,000,000, Rockford and 
St. Louis bonds in Frankfort. 
" 4. — Formidable Indian raids in Montana. 
" 8. — Nitre-glycerine exploded in Hoosac Tunnel by 
lightning. Three men killed. 

" 15. — Doctor Hall heard from, at Holsteinburg, Swe- 
den (July 31). 

" 16. — Twentieth annual meeting of the American 
Science Association at Indianapolis, Indiana. 
It is decided to prosecute the " Tammany " thieves. 
" 24. — Great Pension frauds discovered at Wash. 
" 25. — Duluth Canal opening. 

" 26. — Terrific hurricane in the Gulf and along the 
Atlantic coast. 
Alarming fires in Michigan. 

Railroad Horrors. 33 persons killed and 50 injured 
at Revere, near Boston. 20 killed or wounded at West- 
port, Pennsylvania. 6 killed and 20 wounded at Will- 
iamsport, Pennsylvania. 

" 27. — Steamer Ocean Wave exploded boilers at Mo- 
bile, Alabama. 70 persons killed or badly injured. 
" 29. — Great losses by floods in Central New York 
and Maine. 

" 30. — Deadly conflict between soldiers and citizens at 
Meridian, Mississippi. 
Sept. 3. — Iron and Nail Works burnt at Wheeling 
West Virginia. 
19 



218 CHRONOLOGICAL RECORD. 

1871. Sept. 4. — Destructive hurrienne at Windem, Minnesota. 
" 6 — American Pomological Society meets at Rich- 
mond, Virginia. 

° 8.— Mooshillock Mountain, N. H., 5,050 feet high, 
made a United States signal service observatory. 
" 9. — The 116th new planet discovered by America. 
" 1-10. — Appalling disaster to an American whaling 
fleet in the Arctic Ocean — 33 vessels destroyed and 
abandoned. 

" 19. — Nebraska votes on a new constitution. 
" 20. — Tidal wave alarm on all the south Atlantic 
coast 

" 28. — National Commercial convention at Baltimore. 
" 29. — The committee of "Seventy" sue the Tammany 
ring. 

" 30. — Prof. Wilbur fell from his balloon at the height 
of a mile, at Paoli, Indiana. 
Oct 1. — International money order system goes into 
operation. 

" 2. — Brigham Young indicted and arrested. 
" 3. — Sixty-second annual session of A. B. C. F. M., at 
Salem, Massachusetts. 

" 3. — Protestant Episcopal Triennial convention at 
Baltimore. 

" 5. — Terrible forest fires raging in Wisconsin, Wy- 
oming, Arizona, etc. 

" 8. — Election riots in Philadelphia — many injured. 
" 9-10 — The greatest conflagration on record occurred 
at Chicago. About 18,000 buildings of all descriptions 
were consumed, and the loss put at from $250,000,000 
to $300,000,000, and from 100 to 500 persons perished 
in the flames, while 90,000 persons were made house- 
less and suffering. 

" 9-12. — Awful forest fires in Wisconsin and Michigan, 
and whole towns destroyed. The Chicago Tribune says 
in Wisconsin and Michigan alone at least 90,000 peo- 
ple have lost all their possessions by fire. In all these 
western fires it is estimated that 3,000 persons perished 
in one week. 

" 12. — Pre-historic skeletons 8 or 9 feet high found in 
Virginia. 

" 13. — Encke's comet seen by New Haven astronomers. 
" 14 —Chicago relief fund reaches $3,000,000. 
" 16. — Martial-law in Texas. 

" 17, 18. — Celebration of the completion of European 
and N. A. It. K., at Bangor, Me., Pres. Grant present. 



CHRONOLOGICAL RECORD. 219 

1871. Oct. 21. — Mormon Hawkins convicted of adultery. 
" 23. — National Police convention at St. Louis. 
" 24. — National Insurance convention at New York. 
" 24. — 2,500 Mormon Women petition Congress in 
favor of Polygamy. 

Terrible riot in Los Angeles, Cal. — 19 Chinese killed. 
" 23, 24. — Extensive forest fires in western New York. 
41 27.— T weed arrested and released on $2,000,000 bail. 
" 28. — Brigham Young and his son indicted for mur- 
der. 

" 29. — Day of fasting and prayer at Chicago. 
" 30. — Gov. Bullock, of Georgia, disaffected, resigns. 
Nov. 4. — $500,000 fraud discovered in the Indian Bounty 
Department at Washington. 

" 6. — New York orders four regiments under arms for 
to-morrow's election. 

" 7. — Election day in 9 States — Republican victories. 
" 9. — An Aurora so bright in New York as to " cast 
shadows." 

" 9. — A meteor fell and rolled along the ground beside 
a moving carriage, in South Easton, Massachusetts. 
" 12. — Fred. W. Loring and six others killed on a stage 
coach in Arizona. 

" 14. — Extraordinary storm from Europe to California — 
many Atlantic cities flooded. 

" 15. — American and British Claims Commissioners 
meet at the National Capitol. 

" 15. — Gloucester fishing season ends. It has been the 
most destructive to life and property of any for many 
years. 

" 16. — The "Auk," an Arctic bird, visits New England 
for the first time. 

" 17. — Gen. Sherman and staff leave in the Wabash for 
Europe. 

" 18. — The Russian fleet with the Duke Alexis arrives 
in New York. 

" 23. — Duke Alexis visits the Capitol and the President. 
" 25. — Catacazy dismissed and Gen. Orloff made Charge 
d' Affaires of the Russian legation. 
" 28. — The Supreme Court of New York pronounces 
mock marriages legal. 
" 30. — National Thanksgiving day. 
Dec. 2. — United States and England threaten to interfere 
in Cuban affairs. 

" 2. — Sec. Boutwell reports a decrease in the Na- 
tional debt of $94,327,708.84, during the fiscal year. 



220 CHRONOLOGICAL RECORD. 

1871. Dec. 5. — Agricultural congress at Selma, Alabama. 

" 6. — National Board of Trade meets at St. Louis. 
" 11. — Expense of the United States Census reported 
to be $3,287,600. 

" 14. — The Apportionment Bill passed by Congress, 
the House to consist of 283 members. 
" 18. — Bill introduced into Congress to incorporate 
a Company who are to girdle the earth with a tele- 
graph. 

" 20.— Gold 108 J; the lowest since 1862. 
" 27. — Tweed, of the New York Ring, disappears. 
" 30. — The New York Ring entirely broken up. 
Some imprisoned. 

1872. Feb. 2. — Congress reports a bill for carrying into effect 

the treaty with Great Britain. 
March 28.— The Tariff Bill passes the United States Sen- 
ate. The income tax is abolished. 
April 2. — Death of Prof. S. F. B. Morse, aged 81 years. 
June 4. — Passage of the Tax and Tariff Bill, causing a 

diminution in the revenue of $53,000,000. 

" 17. — Grand Musical Festival and Peace Jubilee at 

Boston ; 2000 instruments, 20,000 singers. 

" 20. — Indirect claims ruled out by Geneva Board. 

United States Government assents. 
July 29. — Geneva Tribunal decides in favor of the United 

States in the Florida case. 

" 31. — Two new asteroids discovered b} T Dr. Peters 

at Utica. 
Aug. 23. — First vessel of Japan to an American port 

reaches San Francisco. 
Sept. 6. — The Geneva Board conclude their arbitrament. 

" 14. — Geneva award announced— $15,500,000 in gold. 
Oct. 21. — Verdict of Emperor William of Germany on 

the San Juan question, in favor of the United States. 

" 9-10. — The great fire in Boston. 80 acres burned 

over. Loss $80,000,000. 
Nov. 29. — Death of Horace Greeley, aged 61 years. 

1873. Jan. 2. — Militia preparing to attack the Modocs in Ore- 

gon. 

" 6. — Opening of testimony in Credit Mobilier trial. 

" 7. — Stokes sentenced to be hung Feb. 28. 

" 27. — First repeal of the Franking Privilege. 
Feb. 6. — Discovery of a planet of the tenth magnitude 

by Dr. Peters, of Clinton, N. Y. 
March 2. — Passage of "Salary Grab." 



CHRONOLOGICAL RECORD. 221 

1873. April 1. — Steamship "Atlantic" wrecked off Nova Sco- 

tia ; 546 lives lost. 

April 11.— Gen. E. R. S. Canby and Rev. E. Thomas, 
1). D., treacherously murdered by the Modoc Indians 
at a peace conference in Northern California. 
" 30. — Three acres of the business part of Boston 
burned. 

May 9. — Loss of the steamer Polaris, and death of Capt. 
Hall. 

June 5. — Arrival of the Polaris' survivors in Washing- 
ton. 

Sept. 18. — Suspension of Jay Cooke & Co. 
" 19. — Failure of nineteen banking firms in New 
York and eleven in Philadelphia. 

Oct. 31. — Capture of the Steamer Virginius by the Span- 
ish gun-boat Tornado, near Jamaica. 

Nov. 4-7. — Massacre of many of the officers and passen- 
gers of the Virginius. 

" 14. — United States war steamers sailed for Cuban 
waters. 
" 27. — The Hoosic Tunnel opened. 

Dec. 8. — Repeal of the Tron-clad Oath in the United 
States House of Representatives. 

" 11. — Sen. Carpenter, of Wisconsin, elected pro 
tern. President of the United States Senate. 
" 14. — Death of Prof. Agassiz. 

1874. Jan. 10.— The miners' revolt at Pottsville, Pa. 9000 men 

protest against the monopolists. 

" 13. — Political excitements in Louisiana. 
Feb. 7. — Women's temperance crusade begins in Ohio. 

" 11. — Grangers' National Convention at St. Louis. 
March 8. — Ex-president Millard Fillmore died. 

" 11. — Death of Sen. Sumner. 
April 15. — Destructive floods in the Cumberland and 

Tennessee Rivers. 

" 21. — Grant vetoes the Finance Bill. 

" " — A pitched battle fought between the Brooks 

and Baxter forces in Arkansas. 
May 5. — Two hundred thousand people made homeless 

by the Louisiana floods. 

" 8. — Devout Catholics, of New York, prepare for a 

pilgrimage. 

" 17. — Bursting of Goshen (Mass.) reservoir. 150 

lives lost; $1,500,000 worth of property destroyed. 

" 22. — United States Senate passes the Civil Rights 

Bill. 



222 CHRONOLOGICAL RECORD. 

1874. June 10. — Military ordered to scene of Hocking Vallej 

(Ohio) coal strikers. 

" 24. — Fall of church in Syracuse, N. Y. 20 killed, 

150 wounded. 
July 1. — Abduction of Charlie Ross at Germantcwn. 

" 4. — Opening of the Great Bridge at St. Louis. 

" 7. — Serious outbreak of Coinanches and Cheyennes 

in Indian Territory. 

" 14. — Second great conflagration in Chicago. 

" 27. — Great flood in Pittsburg. Immense loss of 

life. 
Aug. 22. — Serious riot between the whites and blacks 

at Lancaster, Ky. 
Sept. 14. — Insurrection in Louisiana. Attempt to over- 
throw the State Government. 20 persons killed. 
Oct. 15. — Unveiling of Lincoln Statue at Sprinfield, 111. 

" 24. — Heavy mercantile failures in Boston. 
Nov. 1.— Riot at Pottsville, Pa. 

" 17. — Terrible fires raging in the coal mines under 

Pittsburg, Pa. 

" 29. — Arrival of King Kalakaua in San Francisco. 
Dec. 7. — Vicksburg is attacked by 700 negroes who are 

defeated, with 20 killed. 

" 9. — The transit of Venus. 

1875. Jan. 4.— Louisiana Legislature taken possession of by 

United States troops. 

" 5. — Opening of Beecher-Tilton trial. 

" 26. — Attempt to burn the Navy Department at 

Washington. 
Feb. 6.— Civil Rights Bill passed by United States 

House of Representatives. 

" 24. — Colorado admitted as a State. 

" 26. — Ann Eliza Young obtains a divorce from 

Brigham Young, with alimony. 
March 15. — Archbishop McCloskey created a Cardinal. 

'_' 16. — Virginius matter settled with Spain for $80,000 

in gold. 

" 28. — The fifth anniversary of the American Tract 

Society, celebrated in New York. 
April 23. — Lieut. Henley fights the Red Skins in Kan- 
sas. 27 killed. 

" 26. — Fifty-sixth anniversary of " I. O. O. F." 
May 10. — Gigantic whisky frauds brought to light by 

Secretary Bristow. 
June 10. — The new cable of the "Direct United States 

Cable Co." completed. 



PRES. AND VICE PRE8. OF THE U. 8. 223 

1875. June 17. — Great demonstration in Boston at anniversary 
of Battle of Bunker Hill. 

" 18. — Slight shock of earthquake through parts of 
Ohio and Indiana. 
July 2. — Disagreement of jury in Beecher trial. Nine 
for acquittal ; three for conviction. 



PRESIDENTS AND VICE PRESIDENTS OF THE 
UNITED STATES. 

FIRST ADMINISTRATION. 1789-97. 8 YEARS. 

1789. George Washington, Virginia, President. 

John Adams, Massachusetts, Vice President. 

SECOND ADMINISTRATION. 1797-1801. 4 TEARS. 

1797. John Adams, Massachusetts, President. 

Thomas Jefferson, Virginia, Vice President. 

THIRD ADMINISTRATION. 1801-9. 8 YEARS. 

1801. Thomas Jefferson, Virginia, President. 

Aaron Burr, New York, Vice President. 
1805. George Clinton, New York, Vice President. 

FOURTH ADMINISTRATION. 1809-17. 8 YEARS. 

1809. James Madison, Virginia, President. 

George Clinton, New York, Vice President. 
1813. Elbridge Gerry, Massachusetts, Vice President. 

FIFTH ADMINISTRATION. 1817-25. 8 YEARS. 

1817. James Monroe, Virginia, President. 

Daniel D. Tompkins, New York, Vice President. 

SIXTH ADMINISTRATION. 1825-29. 4 YEARS. 

1825. John Q. Adams, Massachusetts, President. 

John C. Calhoun, South Carolina, Vice President. 



224 PRES. AND VICE PRES. OF THE U. S. 

SEVENTH ADMINISTRATION. 1829-37. 8 YEARS. 

1829. Andrew Jackson, Tennessee, President. 

John C. Calhoun, South Carolina, Vice President. 
1833. Martin Van Buren, New York, Vice President. 

EIGHTH ADMINISTRATION. 1837-41. 4 YEARS. 

1837. Martin Van Buren, New York, President. 

Richard M. Johnson, Kentucky, Vice President. 

NINTH ADMINISTRATION. 1841-45. 4 YEARS. 

1841. William H. Harrison, Ohio, President. 

John Tyler, Virginia, Vice President. Became'Pres't 

TENTH ADMINISTRATION. 1845-49. 4 YEARS. 

1845. James K. Polk, Tennessee, President. 

George M. Dallas, Pennsylvania, Vice President. 

ELEVENTH ADMINISTRATION. 1849-53. 4 YEARS. 

1849. Zachary Taylor, Louisiana, President. 

1850. Millard Fillmore, New York, Vice Prest. Became Prest. 

TWELFTH ADMINISTRATION. 1853-57. 4 YEARS. 

1853. Franklin Pierce, New Hampshire, President. 

Wm. R. King, Alabama, Vice Pres't. (Died April 18.) 

THIRTEENTH ADMINISTRATION. 1857-61. 4 YEARS. 

1857. James Buchanan, Pennsylvania, President. 

John C. Breckinridge, Kentucky, Vice President. 

FOURTEENTH ADMINISTRATION. 18G1-69. 8 YEARS. 

1861. Abraham Lincoln, Illinois, Pres't. (Assassinated 1865.) 

Hannibal Hamlin, Maine, Vice President. 
1865. Andrew Johnson, Tennessee, Vice Prest. Became Prest. 

FIFTEENTH ADMINISTRATION. 1869-77. 8 YEARS. 

1869. Ulysses S. Grant, Illinois, President. 

Schuyler Colfax, Indiana, Vice President. 
1873. Henry Wilson, Massachusetts, Vice President. 



BATTLES OF THE SEVERAL WARS OF 
THE UNITED STATES. 



NAVAL BATTLES OF THE SECOND WAR WITH 
ENGLAND. 



Dates. 


Whebe Fought. 


Vessels. 


1812. 


Off Newfoundland 


American. 


British. 


October 18 


*Ess«r. 
Constitution, 

Wasp. 

United States. 
Constitution. 

Hornet. 
Chesapeake. 
Argus. 
Enterprise. 
9 Vessels. 

Essex. 
Peacock. 
Wasp. 
Wasp. 
14 Vessels. 
5 Gunboats. 

President. 

Constitution. 

Hornet. 


Alert. 


Off North Carolina 


Frolic. 






Macedonian. 


1813. 










September 10... 

1814. 
March 28 














Harbor of Valparaiso.. 
Off Coast of Florida 


Phebe. 


April 29 


Epervier. 


June 28 


September 11 ... 


Avon. 




40 Barges. 

Squadron. 

Cyone. 

Penguin. 


1815. 
February 20 




Off Island of Maderia 

Off Brazil 



* Name of the successful vessel in italics. 

(225) 



IMPORTANT BATTLES OF U. S. 



Principal Battles of the French 
and Indian War. 



F. French victorious. 
B. British victorious. 

1754. 
Great Meadows, May 28. 
Fort Necessity, July 4. 

1755. 
Monongahela, July 9. 
Lake George, Sept. 8. 

1756. 
Oswego, Aug. 14. 
Kittanning, Sept. 8. 

1757. 
Fort William Henry, Aug. 9. 

1758. 
Ticonderoga, July 8. 
Louisburg, July 26. 
Fort Frontenac, Aug. 27. 
Fort Duquesne, Nov. 25. 

1759. 
Fort Niagara, July 25. 
Montuierenci, July 31. 
Plains of Abraham, Sept. 13. 
Quebec, Sept. 18. 

1760. 
Silleny, April 28. 
Montreal, Sept. 8. 



Principal Battles of the Amer- 
ican Revolution. 

A. Americans victorious. 

B. British victorious. 

1775. 
B. Lexington, April 19. 
B. Bunker Hill, June 17. 
B. Quebec, Dec. 31. 



1776. 

A. Fort Moultrie, June 28. 

B. Long Island, Aug. 27. 
B. White Plains, Oct. 28. 

B. Fort Washington, Nov. 16. 
A. Trenton, Dec. 16. 
1777. 

A. Princeton, Jan. 3. 

B. Ticonderoga, July 5. 

A. Bennington, Aug. 16. 

B. Brandywine, Sept. 11. 

A. Stillwater, Sept. 19. 

B. Paoli, Sept. 20. 

B. Germantown, Oct. 4. 

B. Fort Clinton, Oct. 6. 

B. Fort Montgomery, Oct. 6. 

A. Saratoga, Oct. 7. 

A. Fort Mercer, Oct. 22. 

A. Fort Mifflin, Oct. 22. 

B. Fort Mifflin, Nov. 16. 

1778. 

A. Monmouth, June 28. 

B. Wyoming, July 3. 

A. Rhode Island, Aug. 29. 

B. Savannah, Dec. 29. 

1779. 

A. Kettle Creek, Feb. 14. 

B. Brier Creek, March 3. 
B. Stone Ferry, June 20. 

A. Stony Point, July 15. 

B. Penobscot, Aug. 13. 
B. Savannah, Oct. 9. 

1780. 
B. Charleston, May 12. 

A. Springfield, N. J., June 23. 

B. Hocky Mount, July 30. 

A. Hanging Rock, Aug. 6. 

B. Sander's Creek, Aug. 16. 
B. Fishing Creek, Aug. 18. 
A. King's Mountain, Oct. 7. 

1781. 

A. Cowpens, Jan. 17. 

B. Guilford Court House, March 15. 
B. Fort Griswold, Sept. 6. 



(2'2C) 



IMPORTANT BATTLES OF U. 8. 



227 



B. Eutaw Springs, Sept. 8. 
A. Yorktown, Oct. 19. 



Principal Battles of the Second 
War with England. 

A. Americans victorious. 

B. British victorious. 

1812. 
B. Brownstown, Aug. 5. 

A. Brownstown (second), Aug. 9. 

B. Queenstown, Oct. 13. 

1813. 
Frenchtown, Jan. 22. 
York, April 27. 
Fort Meigs, May 5. 
Sacket's Harbor, May 29. 
Fort Stephenson, Aug. 2. 
Thames, Oct. 5. 
Chrysler's Field, Nov. 11. 

1814. 
La Colle, March 30. 
Chippewa, July 5, 
Lundy's Lane, July 25. 
Fort Erie, Aug. 15. 
Bladensburg, Aug. 24. 
Plattsburg, Sept. 11. 
North Point, Sept. 12. 
Fort McHenry, Sept. 13. 
Fort Bowyer, Sept. 15. 
Fort Erie, Sept. 17. 
Near New Orleans, Dec. 23. 

1815. 
New Orleans, Jan. 7. 



Principal Battles of the War 
with Mexico. 

Americans victorious in every battle. 

1846. 
Palo Alto, May 8. 
Resaca de la Palma, May 9. 
Monterey, Sept. 23. 
Bracito, Dec. 25. 



1847. 
Beuna Vista, Feb. 23. 
Vera Cruz, Feb. 27. 
Sacramento, Feb. 28. 
Cerro Gordo, April 18. 
Contreras, Aug. 20. 
Cburubusco, Aug. 20. 
Molino del Rey, Sept. 8. 
Chepultepec, Sept. 12, 13. 



Battles of the Great Rebellion. 

U. Union army victorious. 
C. Confederate army victorious. 
1861. 

U. Fairfax C. H., Va., June 3. 

C. Big Bethel, June 10. 

C. Carthage, Mo., July 5. 

U. Laurel Hill, Va., July 10. 

U. Rich Mountain. July 11. 

U. Carrick's Ford, Va., July 13. 

C. Scragtown, Va., July 13. 

C. Blackburn Ford, July 18. 

C. Bull Run, July 21. 

C. Wilson Creek, Mo., Aug. 10. 

U. Boone C. H., Va., Sept. 1. 

U. Carnifex Ferry, Va., Sept. 10. 

U. Cheat Mountain, Va., Sept. 12. 

U. Papinsville, Mo., Sept. 21. 

U. Roinney, Va., Sept. 24. 

U. Santa Rosa Island, Fla., Oct. 9. 

U. Fredericktown, Mo., Oct. 21. 

C. Ball's Bluff, Oct. 21. 

U. Wild Cat, Ky., Oct. 21. 

U. Romney, Va., Oct. 25. 

U. Springfield, Mo., Oct. 26. 

U. Gauly Bridge, Va., Nov. 1. 

U. Forts Walker and Beauregard, 
at Port Royal, Nov. 7 — cap- 
tured. 

C. Belmont, Mo., Nov. 7. 

U. Piketon, Ky., Nov. 11. 

U. Camp Allegheny, Dec. 13. 

Drawn. Mumfordville, Kentucky, 
Dec. 17. 

U. Drainsville, Va., Dec. 20. 
1862. 

U. Port Royal Island, Jan. 2. 

U. Huntsville, Mo., Jan. 4. 



228 



IMPORTANT BATTLES OF U. S. 



U. Prestonburg, Ky., Jan. 10. 

U. Mill Springs, Ky., Jan. 19. 

U. Fort Henry, Ky., Feb. 6. 

U. Fort Donelson, Feb. 16. 

C. Ft. Craig, New Mexico, Feb. 21. 

U. Pittsburg Landing, March 2. 

U. Pea Ridge, Ark., March 8. 

U. Newbern, N. C, March 14. 

U. Winchester, Va., March 23. 

U. Valle's Ranch, New Mexico, 
March 28. 

U. Putnam's Ferry, Ark., April 1. 

U. Shiloh, April 6, 7. 

U. Island No. 10, April 8— sur- 
rendered. 

U. Fort Pulaski, April 11. 

U. Camden, N. C, April 19. 

U. Parotta, N. M., April 23. 

U. New Orleans, April 25 — cap- 
tured. 

U. Monterey, Tcnn., May 3. 

U. Williamsburgh, Va., May 5. 

U. West Point, Va., May 7. 

U. McDowell, Va., May 8. 

C. Farmington, Miss., May 9. 

U. Louisburgh, Va., May 23. 

C. Front Royal, Va., May 23. 

U. Bottom Bridge, Va., May 24. 

U. Corinth, May 27. 

U. Fair Oaks, Va., May 31, June 1. 

U. Memphis, June 6 — gunboats. 

U. Union Church, Va., June 7. 

U. Cross Keys, Va., June 8. 

C. Port Republic, Va., June 9. 

C. James Island, S. C, June 14. 

U. Battles before Richmond, June 
25— July 1. 

C. Murfreesboro, Tenn., July 13. 

U. Fayetteville, Ark., July 14. 

U. Moore's Hill, July 28. 

U. Baton Rouge, Aug. 5. 

•U. Cedar Mountain, Aug. 9. 

U. Williamsport, Tenn., Aug. 11. 

U. Yellow Creek, Mo., Aug. 13. 

U. Centreville, Va., Aug. 28. 

C. Bull Run (second), Aug. 30. 

C. Richmond, Ky., Aug. 30. 

U. Weldon, Va., Aug. 31. 

C. Chantilly, Va., Sept. 1. 

U. Bretton's Lane, Tenn., Sept. 1. 

U. South Mountain, Md., Sept. 14. 

C. Harper's Ferry, Sept. 15. 

U. Autietam, Sept. 17. 



C. Munfordsville, Sept. 17. 
U. Iuka, Miss., Sept. 19. 
C. Augusta, Ky., Sept. 27. 
U. Corinth, Miss., Oct. 4. 
U. Perryville, Ky., Oct. 8. 9. 
U. Maysville, Ark., Oct. 22. 
U. Fayetteville, Ark., Oct. 28. 
U. Cone Hill, Ark., Nov. 28. 
U. Prairie Grove, Ark., Dec. 7. 
C. Fredericksburg, Va., Dec. 13. 
U. Kingston, N. C, Dec. 14. 
U. Dumfries, Va., Dec. 23. 
U. Van Buren, Ark., Dec. 28. 
C. Vicksburg, Dee. 28, 29. 
U. Murfreesboro, Dec. 31 — Jan. 4, 
1863. 

1863. 

U. Arkansas Post, Jan. 10. 

U. Deserted House, Va., Jan. 30. 

U. Kelley's Ford, Va., March 17. 

U. Milton, Tenn., March 20., 

U. Cottage Grove, Tenn., March 21. 

U. Franklin, Tenn., April 8. 

U. Fayetteville, Ark., April 18. 

C. Beverly, Va., April 24. 

C. Fairmount, W. Va., April 30 

U. Port Gibson, May 1. 

C. Fredericksburg, May 3-5. 

U. Farnden's Creek, Miss., May 12. 

U. Jackson, Miss., May 14. 

U. Baker's Creek, Miss., May 16. 

U. Big Black River Bridge, Miss., 

May 17. 
U. Belle Plain, La., May 21. 
C. Port Hudson, May 27. 
U. Triune, Tenn., June 11. 
U. Gettysburg, Penn., July 1-3. 
TJ. Helena, Ark., July 4. 
C. Fort Wagner, July 18. 
U. Kelly's Ford, Aug. 1. 
U. Grenada, Miss., Aug. 17. 
U. Fort Smith, Ark., Sept. 1. 
C. Chickamauga, Sept. 19, 20. 
U. Madison C. H., Va., Sept. 22. 
U. Chattanooga, Nov. 25. 
U. Knoxville, Nov. 29. 

1864. 
C. Olustee, Feb. 20. 
U. Shreveport, La., April 8. 
C. Fort Pillow — massacre, April 12. 
U. The Wilderness, May 5, 6. 



IMPORTANT BATTLES OF U. S. 



229 



U. Spottsylvania, May 12. 

0. Newmarket, Va., May 15. 

U. Dallas, Ga., May 28. 

U. Cold Harbor, Va., June 3. 

U. Piedmont, June 5. 

U. Bottom Bridge, Va., June 12. 

U. Lost Mountain, June 16. 

C. Monocacy, July 9. 

U. Atlanta, Ga., July 20. 

U. Morefield, Va., Aug. 7. 

U. Dalton, Ga., Aug. 15. 

U. Winchester, Va., Sept. 19. 

U. Fisher's Hill, Sept. 22. 



U. Cedar Creek, Oct. 19. 
U. Blue River, Mo., Oct. 23. 
U. Hatcher's Run, Oct. 27. 
U. Franklin, Tenn., Nov. 30. 
U. Nashville, Dec. 16. 

1865. 
U. Wilmington, Feb. 22. 
U. Kingston, N. C, March 10. 
U. Averyboro, N. C, March 16. 
U v Bentonville, N. C, Mareh 19. 
U. Five Forks, Va., April 1. 
U. Before Richmond, April 1-3. 



POPULATION OF THE UNITED STATES AT DECENNIAL PERIODS. 




EMINENT MEN AND WOMEN OF AMERICA. 



Adams, Abigail, Author 1744 1818 

Adams, Charles Francis, Statesman 1817 

Adams, Han nail, Author 1755 1831 

Adams, Isaac, Inventor 1803 

Adams, John, Second President 1735 1826 

Adams, John Qnincy, Sixth President 1767 1848 

Adams, Neiiemiah, Author 1806 

Adams, Samuel, Statesman 1722 1803 

Agassiz, Louis John Rudolph, Naturalist 1807 1873 

Akers, Benjamin Paul, Sculptor 1825 1861 

Alcott, Amos Bronson, Educator 1799 

Alcott, Louisa May, Author 

Alcott, William Alexander, Physician 1798 1859 

Alden, James, Naval officer 1810 

Aldrich, Thomas Bailey, Author 1836 

Alexander, Archibald, Clergyman 1772 1851 

Alexander, James Waddell", Clergyman 1804 1859 

Alexander, John Henry, Chemist and Physicist 1812 1867 

Alexander, William, Officer and Astronomer 1726 1783 

Alger, William Kounseville, Clergyman and Author 1822 

Allen, Ethan, Military officer 1737 1789 

Allibone, Samuel Austin, Author 1816 

Allston, Wash i ngt on, Painter 1779 1843 

Ames, Fisher, Statesman 1758 1808 

Anderson, Robert, Military officer 1805 1871 

Andrew, John Albion, Statesman 1818 1867 

Applet on, Samuel, Philanthropist 1766 1853 

Arnold, Benedict, Military officer 1741 1801 

Audubon, John James, Ornithologist 1780 1851 

Babbitt, Isaac, Inventor 1799 1862 

Bache, Alexander Dallas, Physicist 1806 1867 

Bacon, Leonard, Clergyman and Author 1802 

Bainbridge, William, Naval officer 1774 1833 

Baird, Spencer Fnllerton, Naturalist 1823 

Ball, Thomas, Sculptor 1819 

Ballou, Hosea, Clergyman 1771 1852 

Bancroft, George, Author 1800 

Banks, Nathaniel Prentiss, Statesman 1816 

Barlow, Joel, Poet 1755 1812 

Barnard, Henry, Educator 1811 

Barnes, Albert, Clergyman, 1798 1870 

Barney. Joshua, Naval officer 1759 1818 

Barry, John, Naval officer 1745 1803 

Bateman, Kate Josephine, Actor 1842 

Bates, Joshua, Philanthropist 1788 1864 

Bayard, James Ashton, Statesman 1767 1815 

Beach, Moses Yale, Inventor 1800 1868 

Beaumont, William. Physician 1785 1853 

Beecher, Catherine Esther, Author 1800 

Beecher, Henry Ward, Clergyman and Author 1813 

Beecher, Lyman, Clergyman 1775 1863 

Bell, John, Statesman 1797 1869 

Bellows, Henry Whitney, Clergyman and Author 1814 

Benjamin, Park, Journalist 1809 1864 

Bennett, James Gordon, Journ/Uisl ...1800 1871 

230 



EMINENT MEN AND WOMEN. 231 

BORN PIED 

Benton, Thomas Hart, Statesman 1782 1858 

Bierstadt, Albeit. Painter 1*29 

Bigelow, Jacob, Physician and Author 1787 

Bigelow, John, Author and Editor 1817 

Blair, Francis Preston, Journalist and Politician 1791 1875 

Boker, George Henry, Poet 1823 

Bond, William Cranch, Astronomer 1789 1&59 

Boone, Daniel, Pioneer 1735 1820 

Booth, Kdwin F., Actor 1833 

Booth, Junius Brutus, Actor 1796 1852 

Bowditch, Nathaniel, Mathematician and Astronomer 1773 1838 

Bowdoin, James, Statesman 1727 1790 

Bowen, Francis, Author 1811 

Bowles, Samuel, Journalist 1826 

Brace, Charles Boring, Author 182(5 1875 

Bradford, William, Pilgrim 1588 1657 

Bradstreet, Anne, Poet 1612 1672 

Breckinridge, John Cabell, Statesman 1821 1875 

Brewster, William, Pilgrim 1566 1644 

Brooks, Charles Timothy, Clergyman and Author 1813 

Brown, Charles Brockden, Novelist 1771 1810 

Brown, George L., Painter 1N14 

Brown, Goold, Grammarian 1791 1857 

Brown, John, of Ossawottomie 1800 1859 

Brown, Samuel Gilman, Educator 1813 

Browne, Charles F., Humorist 1834 1867 

Bryant, William Cullen, Poet, and Journalist 1794 

Buchanan, James, Fifteenth President 1791 1868 

Buckingham, Joseph Tinker, Journalist 1779 1861 

Buckmiuster, Joseph SteVens, Clergyman 1784 1812 

Bullions, Peter, Grammarian , 1791 1864 

Burges, Tristam, Orator and Jurist 1770 1853 

Burlingame, Anson, Statesman and Diplomatist 1822 1870 

Burnside, Ambrose Everett, Military officer 1824 

Burr, Aaron, Statesman 1756 1836 

Burritt, Elihu, Reformer 1811 

Burton, William Evans, Comedian and Author 1802 1860 

Bushnell, Horace. Clergyman and Author 1802 

Butler, Benjamin Franklin, Lawyer and Politician 1818 

Byles, Mather, Clergyman 1706 1788 

Calhoun, John Caldwell, Statesman 1782 1850 

Calvert, George Henry, Author 1803 

Cameron, Simon, Statesman 1799 

Carey, Matthew, Political writer 1760 1839 

Carroll, Charles, of Carrollton, Patriot 1737 1832 

Carson, Christopher, Mountaineer and Guide 1809 1868 

Carver, John, Pilgrim 1621 

Gary, Alice, Port 1820 1871 

Cass, Lewis, Statesman 1782 1866 

Cassin, John, Ornithologist 1813 1869 

Charming, William Ellery, Clergyman 1780 1842 

Chase, Samuel Portland, Statesman 1808 1873 

Chauncey, Charles, Clergyman 1592 1672 

Cheever, George Bauell, Clergyman and Author 1807 

Chiekering, Jonas, Philanthropist 1798 1853 

Child, Lydia Maria, Author 1802 

Choate, Rufus, Lawyer and Orator 1799 1859 

Clarke, George Rogers, Military officer 1752 1818 

Clarke, James Freeman, Clergyman and. Author 1810 

Clay, Henry, Orator and Statesman 1777 1852 

Clemens, Samuel Langhurue, PLumorist 1835 

Clinton De Witt, Statesman 1769 1828 



232 EMINENT MEN AND WOMEN. 



BOKN 



Cogswell, Joseph Green, Scholar 1786 1871 

Col burn, Warren, Mathematician 1793 1833 

Cole, Thomas, Painter 1801 1847 

Coleman, William, Journalist 1766 1829 

Collyer, Robert, Clergyman 1823 -— 

Colt, Samuel, Inventor 1814 1862 

Coltou, Calvin, Clergyman and Author 1789 1857 

Cooper, .lames Fenimore, Novelist 1789 1851 

Cooper, Peter, Philanthropist 1791 

Copley, John Singleton, Painter 1737 1813 

Cotton, John, Clergyman 1585 1682 

Crawford, Thomas, Sculptor 1814 1857 

Crittenden, Joliu Jordan, Lawyer and Senator 1786 1S63 

Curtis, Benjamin Bobbins, Jurist 1809 1874 

Curtis, George Tioknor, Jurist and Author 1812 • 

Curtis, George William, Author 1824 

Cushing, Caleb, Politician and Jurist 1800 ■ 

Cushman, Charlotte Saunders, Actor 1816 

Dahlgren, John A., Naval officer 1809 1870 

Dallas, Alexander James, Statesman and Financier 1759 1817 

Dallas, George Mifflin, Statesman t 1792 1864 

Dalton, John C, Physiologist 1825 

Dana, James Dwight, Physicist 1813 

Dana, Richard Henry, Poet and Essayist 1787 

Dana, Richard Henry, Jr., Laivyer and Writer 181a — - 

Dane, Nathan, Jurist and Statesman 1752 18.>5 

Barley, Felix O. C, Artist 1822 

Davies, Charles, Mathematician 1'98 

Davis, Charles Henry, Mathematician and Naval officer 1807 

Davis, John, Statesman 1787 1854 

Deane, Silas, Diplomatist 1737 l/b9 

De Bo it, James D. B , Journalist and Statistician 1820 1807 

Decatur, Stephen, Naval officer 1779 1820 

Dexter, Samuel, Lawyer and Statesman 1761 1810 

Dickinson, Anna Elizabeth, Orator and Reformer 1842 — — 

Dickinson, John, Statesman 1732 1808 

Dix, John A., Soldier, Lawyer and Statesman 1798 — — 

Dixon, Joseph, Inventor 1798 1869 

Dodge, Mary Abigail, Author 1838 

Douglass, Frederick, Orator and Journalist 1817 — — 

Douglas, Stephen Arnold, Statesman 1813 1861 

Downing, Andrew Jackson, Horticulturist 1815 — — 

Drake, Joseph Rodman, Poet 1895 1820 

Drake, Samuel Gardner, Historical writer 1798 

Diaper, John William, Chemist and Physiologist 1811 -— 

Duchi, Jacob, Clergyman 1739 1798 

Duuglison, Robley, Physician and Author 1/98 18b9 

Dunlap, William, Painter and Author 1766 1839 

Dupont, Samuel Francis, Naval officer 1803 1865 

Durant, Asher Brown, Painter and Engraver 1796 

Duyckinck, Evert Augustus, Author 1816 — — 

Dwight, Timothy, Clergyman and Scholar 1/52 1817 

Edwards, Jonathan, Metaphysician 1703 1758 

Eliot, John, Apostle to the Indians 1603 1690 

Eliot, Samuel, Author 1821 

Ellis, George Edward, Clergyman and Author 1814 — — 

Ellsworth, Oliver, Jurist 1745 1807 

Emerson, George Barrel!, Educator 1797 

Emerson, Ralph Waldo, Essayist 1803 ■ 

Emory, William Helmsley, Military officer 1812 

Ericsson, John, Inventor - 1803 _^_ 



EMINENT MEN AND WOMEN. 233 

BORN DIED 

Everett, Alexander Hill, Scholar and Diplomatist 1790 1817 

Everett, Edward, Scholar and Orator 1794 1865 

Fanenil, Peter, Merchant 1700 1743 

Farragnt, David (jUascoe, Naval officer 18U1 1870 

Felton, Cornelius Conway, Scholar and Author 1807 1862 

Fesseudeu, William Pitt, Lawyer and Senator 1806 1869 

Fillmore, Millard, Thirteenth President 1800 1874 

Fitch, John, Inventor 17« 1798 

Flint, Austin, Physician 1812 

Foote, Andrew Hull, Naval officer 1806 1863 

Force, Peter, Historian 1790 1868 

Forney, John Weiss, Journalist 1817 

Forrest, Edwin, Tragedian 1806 1872 

Fowler, Orson Squire, Phrenologist 1809 

Franklin, Benjamin, Philosopher and Statesman 1706 1790 

Fremont, John Charles, Explorer 1813 

Freneau, Philip, Poet 1752 1832 

Frothiugham, Richard, Jr., Historian and Journalist 1812 

Fuller, Sarah Margaret, Author 1810 1850 

Fulton, Robert, Inventor 1765 1815 

Gallagher, William D., Poet and Journalist 1808 

Gallatin, Albert, Statesman 1701 1849 

Garrison, William Lloyd, Anti-Slavery Agitator 1804 

Gerry, Elbridge, Statesman 1744 1814 

Girard, Stephen, Merchant and Ranker 1750 1831 

Godwin, Parke, Journalist and Author 1816 

Goodrich, Samuel Griswold, Author 1793 18(>0 

Goodyear, Charles, Inventor 1800 1800 

Oough, John B, Temperance lecturer 1817 

Gould, Augustus Addison, Naturalist 1805 

Grant, Ulysses Simpson, Eighteenth President 1822 

Gray, Asa, Botanist 1810 

Greeley, Horace, Journalist 1811 1872 

Greene, Nathaniel, Military officer 1742 1786 

Green leaf, Simon, Juris/ 1783 1853 

Greenough, Horatio, Sculptor 1805 1852 

Griswold, Rufus Wilniot, Author 1815 1857 

Hale, Edward Everett. Clergyman and Author 1822 — *— 

Halleck, Fitzgreene, Poet 1790 1867 

Hal leek, Henry Wagner, Military officer 1814 1872 

Hamilton, Alexander, Statesman 1757 1804 

Hamlin, Hannibal, Statesman 1809 

Hancock, John, Patriot 1737 1793 

Harding, Chester, Painter 1792 1866 

Hare, Robert. Chemist 1781 1858 

Harris, Thaddeus William, Entomologist 1795 1856 

Harrison, William Henry, Ninth President 1773 1841 

Hawks, Francis Lister, Clergyman and Author 1798 1866 

Hawthorne, Nathaniel, Author 1804 1864 

Hayne, Robert Young, Statesman 1791 1839 

Headley, Joel Tyler, Author 1814 

Henry, Joseph, Physicist 1797 

Henry, Patrick, Orator and Statesman 1736 1799 

Herbert, Henry William, Author 1807 1858 

Higginson, Thomas Wentworth, Author 1823 ■ 

Hildretb, Ricnard, Author and Journalist 1807 18G5 

Hill, Thomas, Clergyman 1818 1874 

Hillard, George Stillman, Lawyer and Author 1808 — 

Hitchcock, Edward, Geologist 1793 1864 

20 



234 



EMINENT MEN AND WOMEN. 



BOKN DIED 

Hoar, Ebenezer Rockwood, Jurist 1816 

Hoffman, Charles Fen no, Author 1806 > 

Holland, .Tosiah Gilbert, Author and Journalist 1819 

Holmes, Oliver Wendell, Physician, l'oet and Essayist 1SU9 ■ • 

Holt, Joseph, Statesman 1807 

Hooker, Joseph, Military officer 1815 

Hosmer, Harriet G., Sculptor 1830 

Houston, Samuel, Soldier and Statesman 1793 1863 

Howe, Elias, Jr., Inventor 1819 1867 

Howells, William Dean, Author 1837 

Hughes, Robert Ball, Sculptor 1806 1868 

Hull, Isaac, Naval officer 1775 1843 

Humphreys, David, Soldier, Diplomatist and Poet 1752 1818 

Huntington, Daniel, Painter 1816 

Hutchinson, Thomas, Governor of Mass 1711 1780 

Irving, Washington, Author 1783 1859 

Jackson, Andrew, Seventh President 1767 1845 

Jackson, Charles Thomas, Chemist and Geologist 1805 

Jackson, James, Physician 1777 1867 

Jackson, Thomas Jonathan, Military officer 1824 1863 

Jay, John, Statesman 1745 1829 

Jefferson, Joseph, Comedian 1829 

Jefferson, Thomas, Third President 1743 1826 

Johnson, Andrew, Seventeenth President 1808 1875 

Johnson, Sir William, Military officer 1715 1774 

Jones, John Paul, Naval officer 1747 1792 

Kane, Elisha Kent, Arctic explorer 1820 1857 

Kearny, Philip, Military officer 1815 1862 

Kellogg, Clara Louise, Vocalist 1842 

Kemble, Frances Anne, Actor and Author 1811 

Kendall, Amos, Politician and Publicist 1789 1869 

Kennedy, John Pendleton, Author 1795 1870 

Kensett, John Frederick, Artist 1818 1872 

Kent, James, Jurist 1763 1847 

Kenton, Simon, Pioneer 1755 1836 

King, Rul'us, Statesman and Diplomatist 1755 1827 

King, Thomas Starr, Clergyman and Author 1824 1864 

Kirklanil, Caroline Mai ilda, Author 1801 1864 

K nu land, Samuel, Naturalist 1821 

Knox, Henry, Military officer 1750 1806 

Laurens, Henry, Statesman 1724 1792 

Lawrence, Amos, Philanthropist 1786 1852 

Lawrence, James, Naval officer : 1781 1813 

Ledyard, John, Traveller 1751 1789 

Lee, Arthur, Diplomatist 1740 1792 

Lee, Charles, Military officer 1731 1782 

Lee, Henry, Military officer 1756 1818 

Lee, Richard Henry, Statesman 1732 1794 

Lee, Robert Edmund, Mililarw officer 1807 1870 

Leslie, Charles Robert, Painter 1794 1859 

Lieber, Francis, Publicist 1800 1872 

Lincoln, Abraham, Sixteenth President 1809 1865 

Lincoln, Benjamin, Military officer 1733 1810 

Li verm ore, May Ashton, Reformer 1821 

Livingston, Edward, Jurist and Statesman 1764 1836 



EMINENT MEN AND WOMEN. 235 

BOUN MED 

Livingston, Philip, Statesman 1716 1778 

Livingston, Robert R., Statesman 1747 1813 

Livingston, William, Statesman 1723 1790 

Longfellow, Henry Wadsworth, Poet 1807 

Lossing, Benson John, Author 1813 

Lowell, James Russell, Poet ~ 1819 

McClellan, George Brinton, Military officer 1826 

Madison, James, Fourth President 17.51 183S 

Mann, Horace, Educationist 1796 1869 

Ma lion, Francis, Military officer 1732 1795 

Marshall, John, Jxtrisl 1755 1835 

Mason, George, Statesman 1726 1792 

Mather, Cotton, Clergyman 163-3 1728 

Ma tlier, Increase, Clergyman 1639 1723 

Maury, Matthew Fontaine, Naval officer 1806 1873 

Meade, George Gordon, Military officer 1816 1872 

Mifflin, Thomas, Military officer 1744 1800 

Mitchell, Donald Grant, Author 1822 

Mitchell, Maria, Astronomer 1818 

Mitchell, Orrnsby MacKnight, Astronomer 1810 1862 

Monroe, James, Fifth President 1758 1831 

Morgan, Daniel, Military officer 1736 1802 

Morris, George P., Poet and Journalist 1802 1864 

Morris, Gouverneur, Statesman... 1752 1816 

Morse, Samuel Finley Breese, Inventor 1791 1872 

Morton, Samuel George, Naturalist 1799 1851 

Morton, William Thomas Green, Physician 1819 1868 

Motley, John Lathrop, Historian 1814 

Mott, Valentine, Surueon 1785 1865 

Moultrie, William, Military officer 1731 1805 

Mowatt, Anna Cora, Actor and Author 1819 1870 

Murray, John, Clergyman 1741 1815 

Murray, Lindley, Grammarian 1745 1826 

Nast, Thomas, Artist 1840 

Neal, John, Author and Poet 1793 

Olmstead, Denison, Astronomer 1791 1859 

Otis, James, Orator and Patriot 1725 1783 

Owen, Robert, Philanthropist 1771 1858 

Paine, Thomas, Political and J)-istical writer 1737 1809 

Palfrey, John Gorham, Author 1796 

Parker, Theodore, Clergyman and Author 1810 I860 

Parkman, Francis, Author 1823 

Parsons, Theophilus, Jurist 1750 1813 

Part on, James, Author 1822 

Paulding, James Kirke, Author and Politician 1779 1860 

Payne, John Howard, Actor and Dramatist 1792 1852 

Peabody, Andrew Preston, Clergyman and Scholar 1811 

Peabodv, George, Philanthropist 1795 1869 

Peale, Charles Wilson, Painter 1741 1827 

Peirce, Benjamin, Mathematician 1809 

Percival, James Gates, Poet 1795 1856 

Perkins, Thomas Handaryd, Philanthropist 1704 1854 

Perry, Oliver Hazard, Naval officer 1785 1819 

Phillips, Wendell, Oral or and Reformer 1811 — 

Phips, Sir William, Governor of Mass 1651 1695 

Physic, Phillip Syng, Physician and Surgeon 1768 18:S7 

Pickens, Andrew, Military officer 1739 1817 



236 EMINENT MEN AND WOMEN. 

TSOUS TUF.t 

Pickering, Timothy, Soldier and Statesman 17-15 1829 

Pierce, Franklin, Fourteenth President 1804 1809 

Pierpont, John, Clergyman and Poet ....1785 18(56 

Pinckney, Charles Cotesworth, Soldier and Statesman 1740 1825 

P«)e, Edgar Allan, Poet 1811 1849 

Polk, James Knox, Eleventh President 1795 1849 

Porter, David, Naval officer 1780 1848 

Powers, Hiram, Sculptor 1805 187.! 

Preble, Edward, Naval officer 1701 1807 

Prentice, George Denisou, Poet and Journalist 1802 1870 

Prentiss, Seargeant Smith, Lawyer and Orator 1808 1850 

Prescott, William, Military officer 1726 1795 

Prescbtt, William Hiekling, Historian 1700 1850 

Priestley, Joseph, Philosopher, Chemist and ITieologian 1733 1804 

Prince, Thomas, Minister and Chnmulogist 1087 1758 

Putnam, Israel, Military officer 1718 171)0 

Quincy, Josiah, Jr., Patriot 1744 1775 

Quiucy, Josiah, Statesman and Scholar 1772 1801 

Randolph, John, Orator 1773 1833 

Raymond, Henry Jarvis, Journalist 1820 1809 

Read, Thomas Buchanan, Painter and Poet 1822 1872 

Reed, Henry, Author 1808 1854 

Reed, Joseph, Statesman 1741 178.5 

Reveu, Paul, Engraver and. Patriot 1735 1818 

Rittenhouse, David, Mathematician and Astronomer 1732 1700 

Rodgers, John, Naval officer 1771 1838 

Rosecrans, William Starke, Military officer 1819 - — ■ 

Rowson, Susanna, Author 1702 1824 

Rum ford, Sir Benjamin Thompson, Physicist 1753 1814 

Rush, Benjamin, Physician 1745 1813 

Rush, Richard, Statesman and Diplomatist 1780 1859 

Rutledge, John, Statesman and Jurist 1739 1800 

"St. Clair, Arthur, Military office)- 1734 1818 

Sargent, Epes, Author and Journalist 1812 ■ 

Saxe, John Godfrey. Poet '. 1810 

Say, Thomas, Naturalist 1787 1834 

Schoolcraft, Henry Rowe, Author 1793 1804 

Sell urlz, Carl, Orator and Politician 1829 

Schuyler, Philip. Military officer 1733 1804 

Scott, Winfield, Military officer 1780 1800 

Seaton, William Winston, Journalist 1785 1800 

Sedgwick, Catherine Maria, Author 1789 1807 

Sedgwick, John, Military officer 1818 1864 

Sewall, Samuel, Jurist 1652 17;:o 

Seward, William Henry, Statesman 1801 1872 

Shaw, Lemuel, Jurist 1781 1801 

Sheridan, Philip Henry, Military officer 1831 

Sherman, Roger, Statesman 1721 1793 

Sherman, William Tecumseh, Military officer 1820 

Sigourney, Lydia Howard Huntley, Author 1791 1865 

Si Hi man, Benjamin, Physicist 1779 1804 

SiJliman, Benjamin, Jr., Physicist 1816 

Simms, William Gilmore, Author.- 1800 1870 

Sparks, .tared, Historian 1789 1800 

Sprague, Charles, Poet 1791 1874 

Spragnej William Htiell, Clergyman and Author 1795 • 

Spring, Gardiner, Clergyman and Author I7,S5 1878 

siandish, Miles, Pilgrim 1584 1666 

Stanton, Edwiu McMaslers, Lawyer and Stalesnuin 1814 1809 



EMINENT MEN AND WOMEN. 237 

noRN riKD 

Stark, John, Military officer 1728 1822 

Sledman, Edmund Clarence, Poet 1833 

Stephens, Alexander Hamilton, Statesman L812 

Stephens, John Lloyd, Traveller 180-5 187 

Stevens, Ttniddeiis, Political Leader 1793 1868 

Stewart, Charles, Naval officer I #78 ISO!) 

Stewart, Alexander T., Merchant 1803 

Stiles, Ezra, Cleryyman una Scholar l<-7 1795 

Stoddard, Richard Henry, Poet 1825 

Story, Joseph, Jurist 1779 1845 

Story, William Wei more, Poetand Sculplo-r 1819 

Stowe, Harriet Elizabeth Beecher, Author 1812 - — 

Sluart, Gilbert Charles, Painter 1751 1828 

Sullivan, James, Statesman and Jurist 1711 1808 

Sullivan, John, Military officer 1740 1795 

Sully, Thomas, Painter 1783 1872 

Sumner, Charles, Orator and Statesman 1811 ISi 1 

Sumter, Thomas, Military officer 173-1 1862 

Taney, Roger Brooke, Jurist 1777 1S64 

Taylor, James Bayard, Traveller and Author 1823 

Taylor, Zachary, Twelfth President 1781 1850 

Thorean, Henry David, Naturalist and Scholar 1817 1862 

Ticknor, George, Scholar and Author 1791 1871 

Trowbridge, John Townseild, Author 1827 

Trumbull, John, Poet 1750 1831 

Trumbull, John, Painter 1760 1843 

Tuckerman, Henry Theodore, Poet and Essayist 1813 1871 

Tudor, William, Scholar and Diplomatist 1779 l8;;o 

Tyler, John, Tenth President 1790 1802 

Van Bureu, Martin, Eighth President 1782 1862 

Warren, John, Physician 1753 1815 

Warren, John Collins, Surgeon and Author 1778 1850 

Warren, Joseph, Physician and Patriot 1711 1775 

Warren, William, Comcduui 1812 — - 

Washington, George, First President 1732 1799 

Wayland, Francis, Sclwlar and Clergyrnan 1790 1865 

Wayne, Anthony, Military officer 1745 1790 

Webster, Daniel, Statesman, Lawyer and Orator 17 v 2 1852 

Webster, Noah, Philologist and Publicist 1758 1843 

Weed, Thurlow, JoumuUst and Politician 1797 

Weir, Robert Waller, Pointer 1803 

West, Benjamin, Painter 1738 1820 

Wheaton, Henry, Jurist and Diplomatist 1785 1848 

Whipple, Edwin Percy, Essayist 1819 

White, Andrew Dickson, Educator 1832 

White, Richard Grant, Philologist and Scholar 1822 

Whitney, Eli, Inventor 1765 1825 

Whitney, William Dwight, Philologist 1827 

Whiitier, John Greenleaf, Poet 1807 

Willies, Charles, Naval officer 1801 - — - 

Willard, Emma C., Teacher and Author 1787 1870 

Williams, Roger, Founder of JR. I. 1599 1683 

Willis, Nathaniel l'arker, Poet and Journalist 1807 18o7 

Wilson, Alexander, Ornithologist 1706 1813 

Wilson, Henry, Statesman 1812 

Winslow, Edward, Pilgrim 1595 It. ,5 

Winthrop, John, Governor of Mass 1588 10-19 

Woolsey, Theodore Dwight, /Scholar 1801 

Worcester, Joseph Emerson, Lexicographer 1781 1805 



GEORGE WASHINGTON, 

THE FIRST PRESIDENT OF THE UNITED STATES. 

The most exemplary character, perhaps, that ever adorned 
any era iu history, and who received in his life-time the 
noble appellations of " the Founder of a Republic," and " the 
Father of his Country," was born in the county of West- 
moreland, Virginia, on the 22d of February, 1732. His 
early instruction was domestic and scanty, but full of good 
discipline and sound principles ; and as his father died when 
he was only ten years old, he had no subsequent opportu- 
nities for acquiring a thorough literary or scientific educa- 
tion. However, as his mind was naturally mathematical 
and philosophical, he prepared himself to bo useful to his 
fellow-citizeus as a civil engineer; and as the country was 
wild, and much of it then unsurveyed, he occasionally 
found agreeable and profitable employment in surveying 
differeut parts of his native State. He also directed much 
of his attention to the science of arms, in the use of which 
every young man was instructed, in order to repel the in- 
cursions of the Indians, who were often led on by skillful 
Frenchmen. At the age of nineteen, he was appointed one 
of the adjutant-generals of Virginia, which gave him the 
rank of major, and soon after he was advanced to a colonelcy, 
and scut by Governor Dinwiddie to the Ohio with dispatches 
to the French commander, who was erecting fortifications 
from Canada to New Orleans, in violation of existing treat- 
ies. The Governor was so much pleased with the faithful 
discharge of this duty, that he ordered his journal, which 
extended to only eighty days, to be printed ; but, small as 
it was, it afforded evidence of great sagacity, fortitude, and 
a sound judgment, and firmly laid the foundation of his fu- 
ture fame. 

In the spring of 1755, Washington was persuaded to ac- 
company General Braddock as an aid, with the rank of 
Colonel, in his disastrous expedition against Fort DuQuesne ; 
and had his advice been followed on that occasion, the re- 
sult would have been different. 

Three years afterward (1758) Washington commanded the 
238 



GEORGE WASHINGTON 239 

Virginians in another expedition against the fort, which ter- 
minated successfully. At the close of this campaign he left 
the army, and was soon after married to Mrs. Martha Cus- 
tis (the widow of Colonel Daniel Parke Custis), whose 
maiden name was Dandridge, and whose intelligent and pat- 
riotic conduct, as wife and widow, will ever be gratefully re- 
membered in American annals. 

In 1759, he was elected to the House of Burgesses, and 
continued to be returned to that body, with the exception 
of occasional intervals, until 1774, when he was sent to rep- 
resent Virginia in the Continental Congress. His well-tem- 
pered zeal and military skill, which enabled him to suggest 
the most proper means for national defense, if the country 
were urged to extremities, soon fixed all eyes upon him, aa 
one well qualified to direct in the hour of peril; and ac- 
cordingly, after the first scene of the revolutionary drama 
was opened at Lexington and Concord, and an army had 
concentrated at Cambridge, he was, on the 15th of June, 
1775, unanimously appointed Commander-in-Chief of the 
American forces. The self-sacrificing spirit which gov- 
erned his future course is too well known to require any 
elucidation. 

After bringing the war to a successful termination, he has- 
tened to Annapolis, where Congress was then in session, and 
on the 23d of December, 1783, formally resigned his com- 
mission. 

In May, 1787, he was elected to the Convention which met 
at Philadelphia for the purpose of forming a Constitution, 
and was at once called upon to preside over its deliberations. 
After that admirable instrument was adopted by the people, 
he was unanimously elected the first President of the United 
States for four years; at the expiration of which he was 
uuauimously reelected for a second term. 

On the 12th of December, 1799, he was seized with an in- 
flammation in the throat, which grew worse the next day, 
and terminated his life on the 14th, in the 68th year of his 
age. 



ELECTORAL VOTES 

FOR 

PRESIDENT AND VICE-PRESIDENT OF THE UNITED STATES. 



Election for the First Term, commencing March 4, 1789, and 
terminating March 3, 1793. 











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STATES. 


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10 

7 

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10 
3 

10 

69 


5 

in 
5 
1 
8 






















111 






















7 




2 




















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5 


















10 




2 
















3 




...... 


3 
















r. 


Maryland 




6 














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5 




1 


1 
1 


3 












7 




6 










s 










2 

2 


i 
i 


1 
1 


1 


69 


Wlmle No. Electors 


34 


2 


9 


4 


6 


3 


6 


1 




Majority 



























The first Congress under the Constitution was convened at the 
"Federal Hall,' situated at the head of Broad, fronting on Wall 
street (where the Custom House now stands), in the city of New 
York, on the first Wednesday, being March 4, 1789 — Senators 
and Representatives having been elected from the eleven States 
which had ratified the Constitution; but, owing to the absence 
of a quorum, the House was not organized till the 1st of April, 
and, for a like reason, the Senate was not organized till the 6th; 
when the latter body "proceeded by ballot to the choice of a 
President, for the sole purpose of opening and counting the 
[electoral] votes for President of the United States. John 
Langdon, of New Hampshire, was chosen President pro tern, of 
the Senate, and Samuel Alyne Otis, of Massachusetts, Secretary; 
after which, proper measures were taken to notify the success- 
ful individuals of their election. 

George Washington took the oath of office, as President, and 
entered upon his duties April 30, 1789. (For liis Inaugural 
Address, see p. 43.) 

John Adams, Vice President, entered upon his duties in the 
Senate April 21, 1789, and took the oath of office June 3, 1789. 
(240) 



ELE'.TOKAI. VOTES. 



211 



Election for the Seconu Term, commencing March 4, 1793, and 
terminating March 3, 1797. 



.a 

O 



6 

16 
4 
9 
3 

12 
7 

16 
3 
8 

21 
4 

12 
8 
4 

132 



STATES. 



New Hampshire. 
Massachusetts... 
Rhode Island.... 

Connecticut 

Vermont 

New York 

New Jersey 

Pennsylvania. ... 

Delaware 

Maryland 

Virginia 

Kentucky 

North Carolina.. 
South Carolina.. 
Georgia 



Whole No. of Electors 132 77 

.Majority 67 



£.: 



Ho •<** 



a to 



I* 

o 



George Washington, re-elected President, took the oath of of- 
fice for a second term, and entered upon his duties March 4, 1793. 

John Adams, re-elected Vice President, took the oath of office, 
and entered upon his duties in the Senate December 2, 1793. 

After the expiration of his second Presidential term, Washington 
retired to the tranquil shades of Mount Vernon, fondly indulging 
the hope that the remainder of his days would be peacefully en- 
joyed in his much cherished home; but these pleasing anticipa- 
tions were not allowed to remain long undisturbed. In 1798 the 
conduct of the French Directory and its emissaries led to frequent 
difficulties with this country, which were calculated to provoke a 
war ; and the opinion was universally entertained that he who had 
formerly so well acquitted himself, must be again called to the 
command of our armies. Accordingly, early in July, the rank 
and title of Lieutenant-General and Commander-in-Chief of all 
the armies raised, or to be raised, in the United States," was con- 
ferred upon him; and the Secretary of War, Mr. McIIenry, im- 
mediately waited upon him to tender the oommission. In a letter 

to President Adams, accepting this " new proof of pnblic confidence," he makes a 
reservation that he shall not be called into the field until the army is in a situation 
to require his presence, and adds: "I take the liberty also to mention, that 1 must 
decline having my acceptance considered as drawing after It any immediate 
•hnrge upon the public, and that I cannot receivo any emoluments annexed to the. 
appointment, before entering into a situation to incur expense." 

21 



JOHN ADAMS, 

THE SECOND PRESIDENT OF THE UNITED STATES, 

And whose fame as a patriot and statesman is imperish- 
able, was born at Braintree, Massachusetts, October 19, 
1735. He early displayed superior capacity for learning, 
and graduated at Cambridge College with great credit. Af- 
ter qualifying himself for the legal profession, he was ad- 
mitted to practice in 1761, and soon attained that distinction 
to which his talents were entitled. From the commencement 
of the troubles with Great Britain, in 1769, he was among 
the most active in securing the freedom of his country. 
Being elected to the first Continental Congress, he took 
a prominent part in all the war measures that were then 
originated, and, subsequently, suggested the appointment 
of Washington as commander-in-chief of the army. He 
was one of the committee which reported the Declaration 
of Independence, in 1776, and the next year visited France, 
as commissioner, to form a treaty of alliance and commerce 
with that country. Although the object had been accom- 
plished before his arrival, his visit had, otherwise, a fa- 
vorable effect on the existing position of affairs; and he 
was afterward appointed to negotiate a treaty of peace with 
Great Britain, which, after many laborious and fruitless 
efforts, was finally accomplished in 1783. In 1785, he was 
sent to England as the first minister from this country, 
and, on his return, was elected first Vice-President, in 
which office he served two terms, and was then, in 1797, 
elected to succeed Washington as President. Many occur- 
rences tended to embarrass his administration and to ren- 
der it unpopular ; but it is now generally admitted to have 
been characterized by patriotism and vigor equal to the 
emergencies which then existed. His political opponents, 
however, managed to defeat his reelection, and he was suc- 
ceeded in the Presidency by Mr. Jefferson, in 1801 ; after 
which he retired to his farm at Quincy, where his declin- 
ing years were passed in the gratification of his unabated 
love for reading and contemplation, and where he was con- 
stantly cheered by an interesting circle of friendship and 
affection. The 6emi-centennial anniversary of American 
242 



JOHN ADAMS. 243 

Independence (July 4, 1826) was remarkable, not merely 
for the event which it commemorated, but for the decease 
of two of the most active participants in the measures by 
which independence was achieved. On that day, Adams 
and Jefferson were both gathered to their fathers, within 
about four hours of each other, " cheered by the benedic- 
tion of their country, to whom they left the inheritance 
of their fame and the memory of their bright example." 

As has been noticed elsewhere, Mr. Adams deemed it 
piudent, in the early part of his administration, when im- 
pending difficulties with France seemed to render war in- 
evitable, to offer Washington the commission of Lieutenant- 
General and Commander-in-Chief of the army, which he 
accepted as a matter of duty, and held until his death, but 
fortunately never found it necessary to take the field. 



244 



ELECTORAL VOTES. 



Election for the Third Term, commencing March 4, 1797, and 
terminating March 3 1801. 



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Massachusetts.. 
Rhode iHland.. 
Ootiuecticut . . . 

New Jersey. ... 
Pennsylvania. . 
Delaware 


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4 
9 
4 
12 
7 
1 
3 
7 
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11 
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11 


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6 


















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4 


15 






3 






1 






1? 


North Carolina. 
South Carolina. 


1 












3 


1 


1 




8 














4 










4 










3 






59 


3 

30 


















No. of Electors. 


71 




11 


6 


7 


2 


3 






139 


15 


2 


1 


2 



John Adams, elected President, took the oath of office, and 
entered upon his duties, March 4, 1797. 

Thomas Jefferson, elected Vice President, took the oath of 
office, and entered upon his duties in the Senate, March 4, 1797. 

The administration of Mr. Adams encountered the most vir- 
alent opposition, both domestic and foreign. Fiance, still in 
the confusion following her revolution, made improper demands 
on our country, which not being complied with, she commenced 
seizing American property on the high seas. Our people, taking 
different sides, were about equally divided — some approving and 
others deprecating the course pursued by France. Letters of 
marque and reprisal were issued by our government, and a navy 
was raised with surprising promptitude. This had the desired 
effect, peace being thereby secured; and the aggressor was 
taught that the Americans were friends in peace, but were not 
fearful of war when it could not be honorably averted. 

The Indians on our western frontiers also caused much trou- 
ble; but at length, being severely chastised by General Wayn9, 
they sued for peace, which was granted in 1795. 

In 1800 the seat of government was removed from Philadel- 
phia to Washington City, which had been designated by Wash- 
ington, under a law of Congress, A3 the most central situation. 



THOMAS JEFFERSON, 

THE THIRD PEESIDENT OF THE UNITED STATES, 

Was born at Shadwell, Albemarle County, Virginia (near 
Monticello, the seat where he died), April 13, 1743. He 
was educated at William and Mary's College, and gradu- 
ated with distinction when quite young. He was a great 
lover of learning, and particularly of natural philosophy. 
With the celebrated George Wythe, he commenced the 
study of the law, and became a favorite pupil. Mr. Jef- 
ferson was never distinguished as an advocate, but was 
considered a good lawyer. Soon after he came to the bar 
he was elected a member of the House of Burgesses, and, 
in that body, was duly appreciated for his learning and 
aptitude for business. He at once took fire at British 
oppression, and, in 1774, he employed his pen in discuss- 
ing the whole course of the British ministry. The work 
was admired, and made a text-book by his countrymen. 
In June, 1775, he took his seat in the Continental Con- 
gress, from Virginia. In that body he soon became con- 
spicuous, and was considered a firm friend of American 
liberty. In 1776, he was chosen chairman of the com- 
mittee that drafted the Declaration of Independence. This 
instrument is nearly all his own, and was sanctioned by 
his coadjutors, with few alterations. In 1778, Mr. Jef- 
ferson was appointed embassador to France, to form a 
treaty with that government, but ill-health prevented his 
accepting this office. He succeded Patrick Henry, in 
1779, as Governor of Virginia, and continued in that sta- 
tion two years. In 1781 he composed his notes on Vir- 
ginia. In 1783 he was sent to France to join the minis- 
ters of our country, Mr. Adams and Dr. Franklin. In 
1785 he succeeded Dr. Franklin as embassador, and con- 
tinued performing the duties of that office for two years, 
when he retired, and returned home. In 1789 he was 
made Secretary of State, under Washington, in which sit- 
uation he was highly distinguished for his talents. This 
station he resigned in 1793, and retired to private life. 
In 1797 he was elected Vice-President of the United 
States, and took his seat as President of the Senate, on 

245 



246 THOMAS JEFFERSON. 

the following 4th of March. In 1801, he was President 
of the United States, which office he held for eight years. 
After completing his second term, he retired to private 
life, in which he spent his days in philosophical pursuits, 
until the 4th of July, 1826, when he expired, just fifty 
years after penning the Declaration of Independence. His 
course was one of his own. Never lived there a politician 
who did more than Thomas Jefferson to bring his fellow- 
citizens to his own opinions. 



ELECTORAL VOTES. 



247 



Election for the Fourth Term, commencing March 4, 1301 , and 
terminating March 3, 1805. 



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7 

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4 










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12 


12 




7 






15 




8 


8 




3 






10 




5 
21 
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8 
3 
8 
4 


5 

21 
4 
8 
3 
8 
4 




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4 






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8 






4 












188 


73 


73 


65 


64 


i 























The electoral vote for Thos. Jefferson and Aaron Burr being 
equal, no choice was made by the people, and on the 11th of 
February, 1601, the House of Representatives proceeded to the 
choice of President in the manner prescribed by the Constitu- 
tion. On the first ballot eight States voted for Thos. Jefferson, 
six for Aaron Burr, and the votes of two States were divided. 
The balloting continued till the 17th of February, when the 
thirty-fifth ballot, ae had all previously, resulted the same as 
the first. After the thirty-sixth ballot, the Speaker declared 
that the votes of ten States had been given for Thos. Jefferson, 
the votes of four States for Aaron Burr, and the votes of two 
States in blank; and that, consequently, Thomas Jefferson had 
been elected for the term of four years. 

Thomas Jefferson, thus elected President, took the oath of 
office, and entered upon his duties, March 4, 1801. 

In hie inaugural address, Mr. Jefferson used the following memorable expres- 
sion : "We have called by different names brethren of the same principle. We 
are all republicans: we are all federalists. If there be any among us who would 
wish to dissolve this Union, or to change Its rspublican form, let them stand, 
undisturbed, as monuments of the safety with which error of opinion may us 

TOLERATED, WHERE- REASON IS LEFT FREE TO COMRAT IT." 

Aaron Buir, elected Vice-President, took the oath of office, and entered ipso 
Etw duties in the Senate, 11 inch 4, 1801. 



248 



BLEOTORAL VOTES. 



Liection for the Fifth Term, commencing March 4, 1805, and 
terminating March 3, 18L0. 



2 $ 
!1 



STATES. 



~ p 

c _ 



New Hampshire. 
Massachusetts. .. 
liliode Island... 

Connecticut 

Vermont 

New York 

New Jersey. 
Pennsylvania. . 

Delaware 

Maryland 

Virginia 

North Carolina. . 
South Uaroliua.. 

Georgia 

Teunessee 

Kentucky 

Ohio 



Whole No. of Electors 10: 

Majority 89 



1 * 



H 



Thomas Jefferson, elected President, took the oath of office for 
a second term, and entered upon his duties March 4, 1805. 

George Clinton, elected Vice-President, took the oath of office, 
and entered upon his duties in the Senate. March 4, 1805. 

Among the most important acts of Mr. Jefferson's administra- 
tion was the purchase of Louisiana from France for $15,000,- 
000, which territory was surrendered to our Government in De- 
cember, 1803. 

In November, 1808, the celebrated "Orders in Council" were 
issued by the British Government, which prohibited all trade 
with France and her allies; and, as a retaliatory measure, in 
December following Bonaparte issued his " Milan Decree,' 
interdicting all trade with England and her colonies — thus sub< 
jecting almost every American vessel on the ocean to capture. 
In requital for these tyrannous proceedings, and that England 
and France might both feel their injustice, Congress decreed an 
embargo; but as this failed to obtain from either power an ac- 
knowledgment of our rights, and was also ruinsus to our com 
uierce with other nations, it was repealed in March. 1809. 



JAMES MADISON, 

THE FOURTH PRESIDENT OF THE UNITED STATES, 

Was born in Orange County, Virginia, March 16, 1751. 
His studies, preparatory to entering Princeton College, wero 
pursued under the most favorable circumstances, he being 
provided with the most accomplished instructors, and be 
graduated with high honor in 1771. On returning to Vir- 
ginia, he zealously commenced the study of the law, which 
he subsequently abandoned for political life. 

In 1776, he was elected to the General Assembly of Vir- 
ginia, and from this period, for more than forty years, he 
was continually in office, serving his State and his country 
in various capacities, from that of a State Legislator to tbat 
of President. 

In 1778, be was elected by the Legislature to the ex- 
ecutive council of the State, where he rendered important 
aid to Henry and Jefferson, Governors of Virginia, during 
the time he held a seat in the council ; and by his probity 
of character, faithfulness in the discharge of duty, and 
amiableness of deportment, he won the approbation of these 
great men. In the winter of 1779-80, he took his seat in 
the Continental Congress, and became immediately an active 
and leading member, as the journal of that body abund- 
antly testifies. 

In 1784-5-6, he was a member of the Legislature of 
Virginia. In 1787, he became a member of the Conven- 
tion held in Philadelphia, for the purpose of preparing a 
Constitution for the Government of the United States. Per- 
haps no member of that body had more to do with the 
formation of that noble instrument, the Constitution of the 
United States of America, than Mr. Madison. 

It was during the recess between the proposition of the 
Constitution by the Convention of 1787, and its adoption 
by the States, that that celebrated work, " The Federalist," 
made its appearance. This is known to be the joint pro- 
duction of Alexander Hamilton, John Jay, and James 
Madison. The same year he was elected to Congress, aud 
held his seat until the Continental Congress passed away 
among the things that were. He was a member of the 

249 



250 JAMES MADISON. 

State Convention of Virginia which met to adopt the Con- 
stitution, and on the establishment of the new Congress 
under the Constitution, he was chosen a member, retaining 
his seat until the close of Washington's administration. 

In 1801, as one of the presidential electors, he had the 
gratification of voting for his illustrious friend Jefferson, 
who immediately offered him a place in his cabinet, which 
was accepted. Accordingly, he entered on the discharge 
of his duties as Secretary of State, which duties he con- 
tinued to perform during the whole of Mr. Jefferson's ad- 
ministration, and on the retirement of that great statesman, 
in 1809, he succeeded to the Presidency, in which office he 
Berved two terms. 

Mr. Madison then retired to his peaceful home in Vir- 
ginia, where he passed the remainder of his days in favorite 
pastimes, loved by the many and respected by all, until the 
28th of June, 1826, when the last survivor of the framers 
of our Constitution was gathered to his fathers, full of 
years and glory. 



ELECTORAL VOTES. 



251 



Election for the Sixth Term, commencing March 4, 1809, and 
terminating March 3, 1813. 



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6 
13 

8 
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6 




19 




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11 




9 
24 
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6 
7 
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122 


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9 
24 
11 

10 
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7 
6 








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24 






14 










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10 






6 












7 






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Ohio 






3 
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176 




6 


47 


113 


3 


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47 









James Madison took the oath of office, as President, and en 
tered upon his duties March 4, 1809. 

George Clinton, elected Vice President, took the oath of office, 
and attended in the Senate, March 4, 1809. 

Our national position, especially in regard to England and 
France, was certainly a very perplexing one when Mr. Madison 
came to the Presidency. We were not only threatened by ene- 
mies abroad, but were harassed by a savage foe on our western 
frontier, probably urged on by British influence, and led by the 
famous chief Tecumseh and his brother the Prophet. These 
last wore finally subdued in 1811; but our European foes were 
more troublesome. After all peaceful means had failed to check 
the aggressions of England, and when at length "patience had 
ceased to be a virtue," war was declared against that country, 
June 19, 1812. The events of that war it is not within our 
province to record ; and it is sufficient to say, that they greatly 
elevated the American character in the estimation of both 
friends and enemies. 



252 



ELECTORAL VOTES. 



Election for the Seventh Term, commencing March 4, 1813, and 
terminating March 3, 1817. 



Now Hampshire. 
Massachusetts. . . 
Rhode Island.... 

Connecticut 

Vermont 

New York 

Now Jersey 

Pennsylvania.... 

Delaware 

Maryland 

Virginia 

North Carolina. 
South Carolina. . 

Georgia 

Kentucky 

Tennessee 

Ohio 

Louisiana...... . 



STATES. 



Whole No. of Electors 

Majority 100 



1.2 u 



s.sis 



v. pbeh' r. 



a 
*3 V 



James Madison, elected President for a second term. [There 
is no notice on the Journals of Congress of his having taken 
the oath.] 

Elbridge Gerry, elected Vice-President, attended in the Senate 
on the 24th of May, 1813, and exhibited a certificate of his hav- 
ing taken the oath of office prescribed by law, which was read. 

The war into which the country had been forced was brought 
to a close by the treaty of Ghent, which was signed December 
24, 1814; but this treaty had scarcely been ratified, when it be- 
came necessary to commence another war for the protection of 
American commerce and seamen against Algerine piracies. In 
May, 1815, a squadron under Commodore Decatur sailed for the 
Mediterranean, where the naval force ol Algiers was cruising 
for American vessels. After capturing two of the enemy's best 
frigates in that sea, Decatur proceeded to the Bay of Algiers, 
and there dictated a treaty which secured the United States 
from any further molestation from that quarter. Similar treaties 
wiiro also co-ncluded with the other Barbary powers. 



JAMES MONROE, 

THE FIFTH PRESIDENT OF THE UNITED STATES, 

One of the few exalted characters that served his country 
in both a civil and military capacity, was born in West- 
moreland county, Virginia, April 26, 1758, and was edu- 
cated at William and Mary's College, whence he graduated 
in 1776, and commenced the study of the law. Anxious 
to aid in the struggle for independence, which had then 
just began, he abandoned his studies, and entered the army 
as a cadet — joining a corps under the gallant General Mer- 
cer. He soon distinguished himself in several well -fought 
battles, and rapid promotion followed, until he reached the 
rank of captain. He was at Harlem Heights, and White 
Plains, and shared the perils and fatigues of the distress- 
ing retreat of Washington through New Jersey, as well as 
the glory of the victory over the Hessians at Trenton, 
where he received a musket- ball in the shoulder; notwith- 
standing which, he valiantly " fought out the fight." Ho 
subsequently accepted the post of an aid to Lord Stirling, 
with the rank of Major, in which position he saw much 
hard service — being engaged in almost every conflict for 
the two succeeding campaigns, and displaying great courage 
and coolness at the bloody battles of Brandywine, German- 
town, and Monmouth. 

Aspiring to a separate command, he obtained permission 
to raise a regiment in his native State; for which purposo 
he left the army, and returned to Virginia, where he en- 
countered so many unexpected and discouraging obstacles, 
that he finally relinquished the enterprise, and resumed his 
law studies in the office of Mr. Jefferson. 

In 1780, he was elected to the Virginia Legislature, and 
in the following year was made one of Governor Jefferson's 
council, in which he continued until 1783, when, at the age 
of twenty-four years, he became a member of the Conti- 
nental Congress. After serving three years in that body, 
he was again returned to the State Legislature. 

In 1788, while a member of the Convention to decide 
upon the adoption of the new Constitution, he voted in the 
minority against that instrument; but this vote did not at 

253 



254 JAMES MONROE. 

all affect hin popularity. Two years afterward he was 
elected United States Senator, and in 1794 he was sent 
envoy extraordinary and minister plenipotentiary to the 
Court of Versailles. After settling the cession of Louisiana 
to the United States, he went to England to succeed Mr. 
King as minister at the court of St. James. The affair of 
the frigate Chesapeake placing him in an uncomfortable 
situation, he returned to the United States, and, in 1810, 
was once more elected to the Virginia Legislature. He 
was soon after chosen Governor of that State, in which 
office he remained until Mr. Madison called him to assume 
the duties of Secretary of State in his cabinet. In 1817, 
he was elected President of the United States, and in 1821 
was unanimously reelected, with the exception of a single 
vote in New Hampshire. His administration was a pros- 
perous and quiet one. 

He united with Jefferson and Madison in founding the 
University of Virginia ; and when the convention was 
formed for the revision of the Constitution of his State, he 
was called to preside over its action. Not long after this, 
he went to reside with a beloved daughter (the wife of 
Samuel L. GoHverneur, Esq.) in New York City, where he 
lived until the anniversary of Independence, in 1831, when, 
" amidst the pealing joy and congratulations of that proud 
day, he passed quietly and in glory away." 



ELECTORAL \0TE8. 



255 



Election for the Eighth Term, commencing March 4, 1817, and 
terminating March 3, 1821. 



e 




STATES. 


PBES 

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PRESIDENT 




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2 je 

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8 

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29 
8 
25 

8 
25 
15 
11 
8 
12 
8 
8 
3 
3 

183 


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5 

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22 


O • 

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8 

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4 

9 

8 

29 














4 








6 


4 




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29 

8 
26 


















.... 








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8 




8 
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15 
11 
8 
12 
8 
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3 
3 

183 




26 






is 






11 






8 






12 






8 




22 


6 


4 




8 






3 






a 






SI 7 


Whol* No. of Electors 


H 









James Monroe took the oath of office, as President, and en- 
tered upon his duties March 4, 1817. 



offi 



Daniel D. Tompkins, elected Vice-President, took the oath of 

fice, and attended in the Senate, March 4, 1817. 

The Seminole and a few of the Creek Indians commenced 
depredations on the frontiers of Georgia and Alabama towards 
the close of 1817, for which they were severely chastised by a 
force under General Jackson, and gladly sued for peace. 

In February, 1819, a treaty was negotiated at Washington, 
by which Spain ceded to the United States East and West Florida 
and the adjacent Islands. In the same year the southern por- 
tion of Missouri Territory wis set off under the name of Ar- 
kansas, for which a territorial government was formed ; and 
Alabama was constituted a State, and admitted into the Union. 

Early in 1820 the province of Maine, which had been con- 
nected with Massachusetts since 1652, was separated from it 
and was admitted into the Union as an independent State. 



256 ELECTORAL VOTES. 

Election for the Ninth Term, commencing March 4, 1821, and 
terminating March 3, 1825. 



STATES. 



New Hampshire. 
Massachusetts.. . 
Rhode Island.... 

Connecticut 

Vermont 

New York 

New. Jersey 

Pennsylvania... . 

Delaware 

Maryland 

Virginia 

North Carolina . 
South Carolina. . 

Georgia 

Kentucky 

Tennessee 

Ohio 

Louisiana 

Indiana 

Mississippi 

Illinois 

Alabama 

Maiuo 

Missouri 



si 



TICK FKKSIDHNT. 



- f 

3 a; 

r. . 

pjs 

7 
7 

4 



1 i. £ !» a 
2 o Mo 



ja 1 

i 



No. of Electors 231 

M ajority U8 1 



5^ 
p£ 



James Monroe was re-elected President, but there is no notice 
the Journals of Congress that he again took the oath of office. 
>aniel D. Tompkins was re-clocted Vice President, but there 



Dan 
is no record of his having taken the oath of office. 

Public attention was much occupied in 1824-5 by a visit from 
the venerable General Lafayette, who, after the lapse of nearly 
half a century from the period of his military career, was again 
welcomed with every token of respect that could be devised for 
honoring the "Nation's Guest." He landed in New York in 
August, 1824, and after remaining there a short time, set out on 
a tour through all the States. Upwards of a year was taken up 
in accomplishing this gratifying object; and in September, 1825, 
he sailed from Washington in the frigate Brandywine fo* hia 
native home. 



JOHN QUINCY ADAMS, 

THE SIXTH PRESIDENT OF THE UNITED STATES, 

Was born at Quiney, Massachusetts, July 11, 1767, and re- 
ceived the advantages of a pretty thorough education be- 
fore entering Harvard College, which was not until the year 
1786. After graduating with marked credit, he commenced 
the study of law at Newburyport, in the office of the Hon. 
Theophilus Parsons, for many years Chief Justice of Mas- 
sachusetts. While pursuing his studies he found leisure 
to write several newspaper essays, which attracted much 
attention, and displayed a maturity of taste and judgment 
seldom attained so early in life. In 1794, Washington ap- 
pointed him minister to the Netherlands, and subsequently 
transferred him to Portugal. He was afterward, at differ- 
ent periods, minister to Prussia, Russia, and England ; and 
was one of the commissioners who negotiated the treaty 
of peace with Great Britain, at Ghent, in 1815. In 1817, 
he was appointed Secretary of State, in which office he con- 
tinued during Mr. Monroe's administration, eight years ; 
when he was elected by the House of Representatives 
President of the United States — the people having failed 
in making a choice. Like his father, he encountered strong 
opposition, and only served one term in this office, being 
defeated in a reelection by General Jackson. He then 
retired to his farm at Quiney, but did not remain long in 
private life; for, two 'years afterward, he was chosen Rep- 
resentative in Congress, and continued to be reelected until 
his death, which occurred in the Capitol, at Washington, 
February 23, 1848. Two days previous to this sad event, 
while engaged in his duties in the House of Representa- 
tives, he received a paralytic stroke, which apparently de- 
prived him of all consciousness. He was borne to the 
Speaker's room, where he received every attention that 
could be bestowed by anxious and devoted friends, but all 
in vain — his hour was come. The last words he was heard 
to utter were, "This is the last of earth." 

Mr. Adams was a man of rare gifts and rich acquisitions. 
A diligent student, and economical of his time, he found 
opportunity, amid all his public cares, to cultivate his 
22 257 



258 JOHN QUINOY ADAMS. 

tastes for literature and the sciences. He was one of the 
finest classical and belles-lettres scholars of his time, and 
filled the chair of Professor of Rhetoric and Belles-lettres 
in Harvard College for several years. Even in his old age, 
he often astonished his hearers with the elegant classical 
allusions and rhetorical tropes with which he enriched and 
embellished his own productions. 



ELECTORAL VOTK8. 



259 



Election for the Tenth Term, commencing March 4. 1825, and 
terminating March 3, 1S29. 



a 


STATES. 


PBES1DENT. 


VICE PRESIDENT. 


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16 

4 

8 

7 
36 

8 
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3 
11 
24 
16 
11 

9 
14 
11 
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8 

15 
4 
8 
7 

26 

1 
3 


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7 
15 
3 






1 


.... 










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S 










"6* 

2 
1 

24 

9 


"i" 


7 
29 

8 
28 

1 
10 

15 
11 










1 

8 
28 


7 










































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15 

11 














» 










.... 




14 
16 

.... 

"3" 

37 


7 
11 

"0" 

5 
3 

3 
6 
9 

182 


7 










11 
















16 












3 
6 
3 
2 
6 


2 

1 

9 


.... 












Indiana 


























3 
























9 














3 






30 




3 






Whole No. of Electors... 


99 


84 


41 




261 


24 


13 


9 


2 



Neither candidate for the Presidency having received a ma- 
jority of the electoral votes, it devolved upon the House of Rep- 
resentatives to choose a President from the three highest on the 
list of those voted for, which three were Andrew Jackson, John 
Quincy Adams, and William H. Crawford. Twenty-four tellers 
(one member from each State) were appointed, who, after exam- 
ining the ballots, announced that the votes of thirteen States 
had been given for John Quincy Adams; the votes of seven 
States for Andrew Jackson; and the votes of four States for 
William H. Crawford. The Speaker then declared that John 
Quincy Adams, having received a majority of the votes of all the 

States, was duly elected President of the United States for four yean), commencing 
on tlte ttli of March, 1825; on which day Mr. Adams took the oatu of office, and 
entered upon his duties. 

Juhu C. Calhoun, having been elected Vice President, took the oath of offioe, 
and attended in the Senate, M-urcli 4, 1825. 



ANDREW JACKSON, 

THE SEVENTH PRESIDENT OF THE UNITED STATES, 

A. statesman of rare integrity, and a general of invincible 
skill and courage, was born at Waxhaw, Lancaster County, 
South Carolina, in 1767, and while yet a mere lad, did some- 
thing toward achieving the independence of his country. 
It is said that he commenced his military career at the age 
of fourteen years, and was soon after taken prisoner, to- 
gether with an elder brother. During his captivity, he was 
ordered by a British officer to perform some menial service, 
which he promptly refused, and for this refusal was " se- 
verely wounded with the sword which the Englishman dis- 
graced." He was educated for the bar, and commenced 
practice at Nashville, Tennessee, but relinquished his legal 
pursuits to " gain a name in arms." In the early part of 
the war of 1812, Congress, having voted to accept fifty 
thousand volunteers, General Jackson appealed to the militia 
of Tennessee, when twenty-five hundred enrolled their 
names, and presented themselves to Congress, with General 
Jackson at their head. They were accepted, and ordered 
to Natchez, to watch the operations of the British in lower 
Mississippi. Not long after, he received orders from head- 
quarters to disband his men and send them to their homes. 
To obey, he foresaw, would be an act of great injustice to 
his command, and reflect disgrace on the country, and he re- 
eolved to disobey. He accordingly broke up his camp, and 
returned to Nashville, bringing all his sick with him, whose 
wants on the way he relieved with his private means, and 
there disbanded his troops in the midst of their homes. 

He was soon called to the field once more, and his com- 
mission marked out his course of duty on the field of In- 
dian warfare. Here for years he labored, and fought, and 
diplomatized, with the most consummate wisdom and un- 
daunted courage. It was about this time that the treaty of 
the "Hickory Gound " occurred, which gave him the fa- 
miliar sobriquet of " Old Hickory." 

The crowning glory of his whole military career was the 
battle of New Orleans; which will ever occupy one of the 
brightest page* in American history. 
2 (JO 



ANDREW JACKSON. 20 1 

At the close of the war he returned to his home in Nash- 
ville; but in 1818 was again called on by his country to 
render his military services in the expulsion of the Senii- 
noles. His conduct during; this campaign has been both 
bitterly condemned and highly applauded. An attempt in 
the House of Representatives to inflict a censure on the 
old hero for the irregularities of this campaign, after a long 
and bitter debate, was defeated by a large majority. 

In 1828, and again in 1832, General Jackson was elected 
to fill the Presidential chair; thus occupying that elevated 
position for eight successive years. He then retired to his 
hospitable mansion ("the Hermitage"), near Nashville, 
" loaded with wealth and honors bravely won," where he 
continued to realize all the enjoyments that are inseparable 
from a well-spent life, until death translated him to those 
higher rewards, which "earth can neither give nor take 
away." He died June 8, 1845, and his last hours were 
soothed by a trustful reliance on the Sa7ior of the world 
for B&lvatioa. 



262 



ELECTORAL VOTES. 



Election/or the Eleventh Term, commencing March 4, 1829, and 
terminating March 3, 1833. 



II 



.a 

n 



4 

8 
7 
36 
8 
2« 
3 
11 
24 
15 
11 
9 
14 
11 
10 
5 
3 
6 
3 
6 
3 

a«i 



STATES. 



New Hampshire. 
Massachusetts. .. 
Uhode Island.. .. 
Connecticut 



Vermont 

New York 

New Jersey 

Pennsylvania.. . 

Delaware 

Maryland 

Virginia 

North Carolina. 
South Carolina. 

Georgia 

Kentucky 

TenncHoce 

Uliio 

Louisiana 

Mississippi 

I tidiana 

Illinois 

Alabama 

Xi iss'juri 



Whole No. of Eoiectors. 
Majority 



PKESID'T. VICK >-KF.Blu'l 



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Andrew Jackson took the oath of office, as President, and en- 
tered upon his duties March 4, 1829. 

John C. Calhoun took the oath of offioe, as Vice President, 
and presided in the Senate March 4, 1829. 

A series of unfortunate political and social occurrences soon 
led to a rupture of that cordiality which had formerly existed 
between these two distinguished individuals, the consequences 
of which were peculiarly disastrous to the political aspirations 
of Mr. Calhoun, who was never afterwards regarded with much 
favor beyond the immediate limits of his own State. 

Note.— It was during this administration that the doftrino of State's rights 
was so strongly urged by Calbemi, aud 10 this period may 1» dated the ortein af 
tfco great rebellion, of lStil. 



ELECTORAL VOTES. 



263 



Election for the Twelfth Term, commencing March 4, 1S33, and 
terminating March 3, 1837. 





STATES. 


PRESIDENT. 


YICE PREBIDEHT. 


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5 
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10 
7 


























14 
4 
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14 
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7 








7 




42 
8 
30 






42 

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3 


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3 

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3 
23 
15 






North Carolina 








ia 














ii 






11 






ii 










15 






15 










15 

21 
5 
4 
9 
5 
7 
4 






15 
21 
5 
4 
9 
5 
7 
4 

189 








































































7 






































49 










u 




28S 


219 


li 


7 


49 


30 


_ 7 














Andrew Jackson, re-elected President, took the oath of office, 
and continued his duties, March 4, 1833. 

Martin Van Buren, having been elected Vice President, took 
the oath of office, and attended in the Senate, March 4, 1S33. 

Karl}' in June, 1833, the President left Washington on a tour 
through the Northern States, and was everywhere received with 
an enthusiasm that evinced the cordial approval of his adminis- 
tration by the people. One of his first measures, on returning 
to the seat of government, was the removal of the public moneys 
from the United States Bank, for which act he encountered the 
most virulent hostility of a small majority of the Senate, who 
passed resolutions censuring his course. But this injustice has 
uot been perpetuated; for on the 16th of January, 1837, these 
partisan resolutions were expunged from the records by or<ler 
of a handsome majority. 



MARTIN VAN BUREN, 

THE EIGHTH PRESIDENT OF THE UNITED STATES, 

Was born in the flourishing town of Kinderhook, New 
York, September 5, 1782, and early received the best ed- 
ucation that could then be obtained in the schools in his 
immediate vicinity. Having sufficiently prepared himself 
for the study of law, he entered the office of Francis Syl- 
vester, in his native town, where he remained about six 
years. But law did not engross his whole time: he found 
leisure occasionally to peer into the mysteries of political 
economy, and finally arrived at the conclusion that his 
chances for fame and fortune were at least equal in the 
arena of politics to any thing he might accomplish by a 
strict adherence to legal pursuits. Fully impressed with 
this idea, he early set about cultivating what little popu- 
larity could be gained in his limited sphere, and so won 
upon the confidence of his neighbors and friends as to be 
appointed, while yet in his teens, a delegate to a conven- 
tion in his native county, in which important political 
measures were to be acted upon. 

In 1808, he was appointed Surrogate of Columbia County, 
the first public office he ever held; and in 1812 and 1816 
he was elected to the State Senate, in which body he be- 
came a distinguished leader of the Madison party, and one 
of its most eloquent supporters. 

In 1821, he was elected to the United States Senate, in 
which he held his seat for nearly eight years, and became 
remarkable not only for his close attention to business, but 
also for his devotion to the great principles of the Demo- 
cratic party. 

In 1828, he was elected Governor of his native State, 
and entered upon the duties of that office, on the first of 
January, 1829; but he filled the gubernatorial chair for 
only a few weeks. In March following, when General 
Jackson was elevated to the Presidency, he tendered Mr. 
Van Buren the post of Secretary of State, which was ac- 
cepted. At the expiration of two years he resigned his 
Beat in the Cabinet, and was immediately appointed min- 
itrter to England; but when his nomination was submitted 
264 



MARTIN VAN BUREN. 265 

to the Senate (June 25, 1831) it was rejected by the casting 
vote of the Vice-President (Mr. Calhoun), and, of course, 
he was recalled. As his friends attributed his rejection 
to personal and political rancor, it only served to raise 
Mr. Van Buren in the estimation of his political adher- 
ents, and the result was that, in May following, he was 
nominated, with great unanimity, for the Vice-Presidency, 
by the Democratic Convention, at Baltimore. His trium- 
phant election was regarded not merely as a high compli- 
ment to himself, but as a wholesome rebuke to his oppo- 
nents. 

In 1836, he was put in nomination for the chief magis- 
tracy, to which he was elected, by a large majority, over 
General Harrison; but, at the next Presidential election, 
the tables were turned, and he only received sixty votes 
out of two hundred and ninety-four. 

After his defeat, he returned to Kinderhook, where he 
remained some time, and then visited Europe, with one of 
his sons, whose restoration to health was the principal ob- 
ject of his journey. Not long after his return he consented 
to become once more a candidate for the Presidency, and, 
in 1848, received the nomination of the Free-soil party, but 
did not secure a single electoral vote. 

23 



266 



ELECTORAL VOTES. 



Election for the Thirteenth Term, commencing March 4, 1837 
and tei initiating March 3, J 841. 



a 




STATE8. 


PRESIDENT. 


VICE PRESIDENT. 


c 5 
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Mains 


























14 




14 






Connecticut 


4 

8 










8 

7 
42 

8 
30 

3 
10 
23 
15 
11 
11 
15 












7 




.... 




7 








42 








42 




.... 




>s 








8 








''II 


















3 

10 










3 


















10 






23 
15 












•23 












15 
















11 




ii 
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11 










15 






15 




15 






15 








15 




21 






21 








21 








5 
4 








5 
4 

5 
7 
4 
3 
3 

147* 






4 












9 










y 














5 
7 
4 
3 
3 

170 






7 

4 
3 
3 


Alabama 
































Arkansas 


73 


20 


14 


11 






.... 






77 






2'J4 


47 


?,3 















Martin Van Buren, elected President, took the oath of office, 
and entered upon his duties, March 4, 1837. 

Richard M. Johnson, elected Vice President, took the oath of 
office, and attended in the Senate, March 4, 1837. 

Urged by the unprecedented financial embarrassments which 
were experienced in every branch of industry, and especially 
by the mercantile class, Mr. Van Buren' s first measure was to 
eornene a special meeting of Congress early in September, '37, 
which continued in session forty days, but accomplished very 
little. A bill authorizing the issue of $10,000,000 in treasury 
Mules was passed; but the Independent Treasury bill (the great 
tinancial measure of the administration) was then rejected, al- 
though afterwards (in 1840) adopted. 

•Elected by the Senate. 



WILLIAM HENRY HARRISON, 

THE NINTH PRESIDENT OF THE UNITED STATES, 

Was born in Charles City County, Virginia, February 9, 
1773, and was educated for the medical profession at 
Hampden Sydney College. He graduated at a time when 
our north-western frontier was suffering much from the 
neighboring Indians, and, believing that he could be of 
greater service in repelling the savage invaders than in 
pursuing his studies, he accepted an ensign's commission 
from President Washington, and joined the army. He 
was promoted to a lieutenancy in 1792, and his skill and 
bravery were highly commended by General Wayne, under 
whose command he was engaged in several actions. After 
the bloody battle of Miami Rapids, he was rewarded with 
the rank of captain, and immediately placed in command 
of Fort Washington. In 1797, he resigned his commission 
for the purpose of accepting the office of Secretary of the 
North-west Territory, from which he was elected a dele- 
gate to Congress in 1799. 

When a territorial government was formed for Indiana, 
he was appointed the first Governor, and continued in that 
office till 1813. To his civil and military duties he added 
those of Commissioner and Superintendent of Indian Affairs; 
and, in the course of his administration, he concluded thir- 
teen important treaties with the different tribes. On the 
7th of November, 1811, he gained the celebrated battle of 
Tippecanoe, the news of which was received throughout 
the country with a burst of enthusiasm. During the war 
of 1812, he was made commander of the North-western 
army of the United States, and he bore a conspicuous part 
in the leading events in the campaign of 1812-13 — the 
defense of Fort Meigs, and the victory of the Thames. In 
1814, he was appointed, in conjunction with his compan- 
ions in arms, Governor Shelby and General Cass, to treat 
with the Indians in the North-west, at Greenville ; and, in 
the following year, he was placed at the head of a com- 
mission to treat with various other important tribes. 

In 1816, he was elected a member of Congress from 
Ohio, and, in 1828, he was sent minister plenipotentiary 

267 



268 WILLIAM HENRY HARRISON. 

to the republic of Colombia. On his return, he took up 
his residence at North Bend, on the Ohio, where he lived 
upon his farm, in comparative retirement, till 1836, when 
he became a candidate for the Presidency; and, although 
defeated on the first trial, four years afterward he was 
elected by a large majority, and inaugurated in 1841. But 
he did not long survive this crowning honor, as he died 
on the 4th of April, just one month after entering upon 
his duties. His funeral obsequies were performed on the 
7th, and an immense concourse assembled to pay their 
testimony of respect. Funeral services and processions 
also took place in most of the principal cities throughout 
the country. As General Harrison was the first President 
who died while in office, his successor, Mr. Tyler, recom- 
mended that the 14th of May be observed as a day of fast- 
ing and prayer, and accordingly it was so observed. 



ELECTORAL VOTES. 



269 



Election for the Fourteenth Term, commencing March 4, 1&41, 
and terminating March 3, 1845. 



^~ 



PRESin'T. VICE PRESIDENT, 



STATES. 



W 
W.2 



Maine 

New Hampshire. 
Massachusetts. . . 
Rhode Island... 

Connecticut 

Vermont 

New York 

New Jersey 

Pennsylvania.. . 

Delaware 

Maryland 

Virginia 

North Carolina. 
South Carolina. . 

Georgia 

Kentucky 

Tennessee 

Ohio 

Louisiana 

Mississippi 

Indiana 

Illinois , 

Alabama 

Missouri 

Arkansas 

Michigan 



No. of Electors '&i 

Majority MS 



.1 I- 



Wiiliam II. Harrison, elected President, took the oath of of- 
fice, and entered upon his duties, March 4, 1841. 

John Tyler, elected Vice President, took the oath of office, 
and attended in the Senate, March 4, 1841. 

Soon after his inauguration, President Harrison issued a pro- 
clamation, convening Congress for an extra session .on the 31st 
of May, to consider "sundry weighty and important matters, 
chiefly growing out of the state of the revenue and finances of 
the country. '" But he did not live to submit his remedial plans 
—dying, after a very brief illness, on the 4th of April, exactly 
one month after coming into office. He was the first President 
who had died during his official term, and a messenger was im- 
mediately dispatched with a letter, signed by all the members 
of the Cabinet, conveying the melancholy intelligence to thf» 



270 ELECTORAL VOTES. 

Vice President, then at Williamsburg, Va. By extraordinary 
means he reached Washington at five o'clock on the morning 
of the 6th, and at twelve o'clock the Heads of Departments 
waited upon him, to pay their official and personal respects. 
After signifying his deep feeling of the public calamity sus- 
tained by the death of President Harrison, and expressing his 
profound sensibility of the heavy responsibilities so suddenly 
devolved upon himself, he made known his wishes that the sev- 
eral Heads of Departments would continue to Oil the places 
which they then respectively occupied, and his confidence that 
they would afford all the aid in their power to enable him to carry 
on the administration of the government successfully. Mr. Tyler 
afterwards took and subscribed the following oath of office : 

"I do solemnly swear, that I will faithfully execute the office of President of 
the United States, and will, to the host of my ability, preserve, protect, ami de- 
fend the Constitution of the United States. JOHN TYLER. 

"April 6, 1841." 

Pursuant to the proclamation of President Harrison, Congress 
met on the 31st of May, and continued in session until the 13th 
of September. On the 27th of July a bill for the establishment 
of "The Fiscal Bank of the United States," passed the Senate 
by a vote of 26 to 23, and was concurred in by the House of 
Representatives on the 6th of August — 128 to 91. President 
Tyler, however, returned the bill on the 16th, with his objec- 
tions, and it was lost for lack of a constitutional majority. But 
the friends of a national bank were not to be deterred from their 
purpose by a single repulse: another bill (about the same in 
substance) was immediately hurried through both Houses, un- 
der the title of "The Fiscal Corporation of the United States," 
but this shared the fate of its predecessor. 

A Senate bill for the establishment of a uniform system of 
bankruptcy throughout the United States, was concurred in by 
the House on the 18th of August, and became a law; but, meet- 
ing with very general condemnation, it was soon after repealed. 

A bill was also passed at this extra session for the distribution 
of the proceeds of the sales of the public lands among the seve- 
ral States, in proportion to population. 

In 1842 an important treaty, adjusting the north-eastern boun- 
dary of the United States, was negotiated at Washington be- 
tween Mr. Webster, on the part of this country, and Lord Ash- 
burton, on the part of Great Britain. 

During the last year of Mr. Tyler's administration much excite- 
ment nrevailed on the proposed annexation of Texas to the Union, 
which was strongly resisted at the North, on the ground that the 
South and southern institutions would thereby gain increased 
power in the national councils. A treaty of annexation, signed 
by the President, was rejected by the Senate, but measures were 
taken by which Texas was admitted the year following. 



JOHN TYLER, 

THE SUCCESSOR OF GENERAL HARRISON AS PRESIDENT, 

Was born at Williamsburg, Virginia, March 29, 1790, and 
at the age of twelve years entered William and Mary's 
College, where he graduated with distinguished merit five 
years afterward. Few have commenced life at so early a 
period as Mr. Tyler — he having been admitted to the bar 
when only nineteen, and elected to the Virginia Legisla- 
ture before attaining his twenty-second year. In 1816, he 
was sent to Congress ; in 1825, elected Governor of Vir- 
ginia ; and in 1827, became United States Senator; in which 
capacity he firmly supported the administration of General 
Jackson — voting against the tariff bill of 1828, and against 
rechartering the United States Bank. Notwithstanding 
this last vote, the friends of the bank, presuming upon his 
well-known conservatism, at the special session of Congress 
called by his predecessor, introduced a bill for the estab- 
lishment of the " Fiscal Bank of the United States," which 
passed both Houses by small majorities, and which Mr. 
Tyler felt bound to veto. But this did not dishearten the 
friends of the measure, who modified and rechristened their 
financial plan, which, under the name of " Fiscal Corpora- 
tion of the United States," again passed both houses of 
Congress, and was again vetoed by the President. Of 
course, a large portion of the party that elected him were 
greatly dissatisfied with his course, and their denunciation 
of his alleged faithlessness were " loud and deep." To 
add to the embarrassments which were accumulating around 
him, all the members of his Cabinet, with the exception 
of Mr. Webster, resigned their places; but even this im- 
plied rebuke did not shake his integrity of purpose. An 
equally efficient phalanx of talent was called to his aid, 
and he had the satisfaction of seeing that his views were 
indorsed by a large number of leading statesmen. It has 
often been asserted that Mr. T. had pledged himself to 
sustain the financial schemes of the bank and its friends ; 
but this has always been denied, and circumstances cer- 
tainly warrant the conclusion that the assertion is un- 
founded. So gross and bitter were the assaults made upon 

271 



272 JOHN TYLER. 

him, that he felt called upon to defend himself from their 
violence; and, after declaring his determination to do his 
duty, regardless of party ties, he said, "I appeal from the 
vituperation of the present day to the pen of impartial 
history, in confidence that neither my motives nor my acts 
will bear the interpretation which, for sinister motives, has 
been placed upon them." On the expiration of his official 
term, he retired to hig estate at Williambburg. 



JAMES KNOX POLK, 

THE TENTH PRESIDENT OF THE UNITED STATES, 

Was born at Mecklenberg, North Carolina, November 2, 
1795, and there received the rudiments of his early edu- 
cation. In 1806, his father removed to Nashville, Ten- 
nessee, taking his family with him, and here it was thafc 
Mr. Polk pursued those preliminary studies which were 
requisite to qualify him for the legal profession. After 
due preparation, he entered the office of Hon. Felix 
Grundy, under whose able instruction he made such rapid 
progress, that he was admitted to practice in 1820. Hia 
duties at the bar did not prevent him from taking part in 
the political affairs of the day ; and in this sphere hia 
comprehensive views and zealous devotion to Democracy 
soon secured him a widely-extended popularity, which re- 
sulted in his election to the Legislature of Tennessee, in 
1823. In 1825, while yet in his thirtieth year, he was 
chosen a member of Congress, in which body he remained 
fourteen years — being honored with the Speakership for 
several sessions. So well satisfied were his constituents 
•with his congressional course, that he was elected Governor 
by a large majority, but some questions of local policy sub- 
sequently defeated his reelection. 

In 1844, he was unexpectedly nominated for the office of 
President of the United States by the Democratic Conven- 
tion at Baltimore; and, having received sixty-five electoral 
votes more than his rhdl candidate, Mr. Clay, he was in- 
augurated on the 4th of March, 1845. 

Soon after Mr. Polk assumed the reins of government, 
the country became involved in a war with Mexico, which 
was little more than a series of victories wherever the 
American banner was displayed, and which resulted in im- 
portant territorial acquisitions. The ostensible ground for 
this war, on the part of Mexico, was the admission of Texas 
into the Union, which was one of the firs.* acts of Mr. Polk's 
administration. The Mexicans, however, paid dearly for 
asserting their frivolous claim to Texas as a revolted prov- 
ince, and the prompt and energetic course pursued by Mr. 

273 



274 JAMES KNOX POLK. 

Polk was sanctioned and sustained by a large majority of 
the people. 

But notwithstanding the advantageous issue of the war, 
the acquisition of Texas, and the satisfactory settlement of 
several vexed questions of long standing, Mr. Polk was 
not nominated for a second term — various extraneous mat- 
ters leading to the selection of another candidate. Per- 
haps it was fortunate for the country and for himself that 
he was permitted to retire to the more congenial enjoyment 
of private life; for his health had become very much im- 
paired, and he did not long survive after reaching his home 
in Nashville. He died June 15, 1849. 



ILBCTORAL VOTES. 



2(0 



Election for the Fifteenth Term, commencing March 4, 1845, 
and terminating March 3, 184y. 



a 

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STATES. 


pkes't. 


V. PBEg'T 


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9 

6 

12 

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12 

4 
6 

6 

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8 

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12 

13 
23 

105 


9 

6 

SO 
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10 

6 
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9 
9 
7 
3 
6 

170 










12 






4 


6 












6 






30 




7 




7 


26 
3 




26 






3 


8 






8 


17 




17 




11 




11 


9 




9 
10 




10 






lfl 




19 


IS 






1* 


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6 
6 
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9 
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170 




6 






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27ft 




105 









James K. Polk took the oath of office, as President, and en- 
tered upon his duties March 4, 1845. 

George M. Dallas took the oath of office, as Vice President, 
and attended in the Senate, March 4, 1845. 

The most important incidents of Mr. Polk s administration 
were the admission of Texas and the consequent war with Mex- 
ico, the latter of which resulted in extending our territorial 
boundaries to the Pacific Ocean, embracing regions of inoalcu 
lable value. 



ZACHAEY TAYLOR, 

THE ELEVENTH PBESIDENT OF THE UNITED STATES, 

Was born in Orange County, Virginia, November 24, 1790, 
and, after receiving an indifferent education, passed a con- 
siderable portion of bis boyhood amid the stirring scenes 
which were being enacted at that time on our western 
border. In 1808, he was appointed a lieutenant in the 
United States infantry, and subsequently was promoted to 
a captaincy for his efficient services against the Indians. 
Soon after the declaration of war, in 1812, he was placed 
in command of Fort Harrison, which he so gallantly de- 
fended with a handful of men against the attack of a large 
body of savages, as to win the brevet rank of major. So 
familiar did he become with the Indian character, and with 
the mode of warfare of that wily foe, that his services at 
the West and South were deemed indispensable in the sub- 
jugation and removal of several hostile tribes. While 
effecting these desirable objects, he was occasionally re- 
warded for his toils and sacrifices by gradual promotion, 
and in 1840 attained the rank of brigadier-general. At 
the commencement of the troubles with Mexico, in 1845, 
he was ordered to occupy a position on the American side 
of the Rio Grande, but not to cross that river unless at- 
tacked by the Mexicans. He was not, however, allowed 
to remain long in repose : the enemy, by attacking Fort 
Brown, which he had built on the Rio Graude, opposite 
Matamoras, soon afforded him an opportunity to display 
his skill and valor, and gloriously did he improve it. The 
brilliant battles of Palo Alto and Resaca de la Palma, 
where he contended successfully against fearful odds, were 
precursors to a series of victories which have few parallels 
in military annals. The attack on Matamoras, the storm- 
ing of Monterey, the sanguinary contest at Buena Vista, 
and the numerous skirmishes in which he was engaged, ex- 
cited universal admiration ; and on his return home, after 
so signally aiding to " conquer a peace " with Mexico, he 
was every-where received with the most gratifying demon- 
strations of respect and affection. In 1848, General Taylor 
received the nomination of the Whig party for the office 
276 



ZACHARY TAYLOR. 277 

of President of the United States, and, being elected, was 
inaugurated the year following. But the cares and re- 
sponsibilities of this position were greater than his con- 
stitution could endure, hardened as it had been both in 
Indian and civilized warfare. After the lapse of little 
more than a year from the time he entered upon his new 
career, he sunk under its complicated trials, and his noble 
spirit sought refuge in a more congenial sphere, July 9. 
1850. 



ELECTORAL VOTES. 



Election J or the Sixteenth Term, commencing March 4, 1849, a i 
terminating March 3, 1851. 



STATES. 



pbes't. v. ritiw'T 






Maine 

New Hampshire. 
Massachusetts. .. 

Rhode Island 

Connecticut 

Vermont 

New York 

New .lersey 

Pennsylvania.... 

Delaware 

Maryland 

Virginia 

North Carolina.. 
South Carolina.. 

Georgia 

Kentucky 

Tennessee 

Ohio 

Louisiana 

Mississippi 

Indiana 

Illinois 

Alabama 

Missouri 

Arkansas 

Michigan 

Florida 

Texas 

Iowa 

Wisconsin 



290 Whole No. of Electors |163 127 103,127. 

M a j o r i t y It*! 1 



Zachary Taylor took the oath of office, as President, and entered 
upon hisduties March 4, 1849. He did not, however, long enjoy his 
honors — death suddenly closing his earthly career, July 9, 1850. 

Millard Fillmore took the oath of office, as Vice President, and 
entered upon his duties March 4, 1 849. Congress heing in session 
at the time President Taylor died, the Vice President sent a mes- 
sage to hoth houses on the 10th of July, in which he feelingly an- 
nounced the melancholy event. On the same day he took the requi- 
site oath, and entered on the execution of the office of President. 

Willie P. Mangum, of X. C, President pro tern of the Senate, 
acted as Vice President, ex'o/A'i7'o,during the remainder of the term 



MILLARD FILLMORE, 

THE SUCCESSOR OF GENERAL TAYLOR AS PRESIDENT, 

Was born at Summer Hill, Cayuga County, New York, Jan« 
uary 7, 1800, and did not enjoy the advantages of any other 
education than what he derived from the then inefficient 
common schools of the county. At an early age he was 
sent into the wilds of Livingston County to learn a trade, 
and here he soon attracted the attention of a friend, who 
placed him in a lawyer's office — thus opening a new, and 
what was destined to be a most honorable and distinguished 
career. In 1827, he was admitted as an attorney, and two 
years afterward as counselor in the Supreme Court. Soon 
attracting attention, he established himself at Buffalo, where 
his talents and buisness habits secured him an extended 
practice. 

His first entrance into public life was in January, 1829, 
when he took his seat as a member of the Assembly from 
Erie County. At this time he distinguished himself for his 
untiring opposition to imprisonment for debt, and to this 
are the people indebted in a great degree for the expung- 
ing of this relic of barbarism from the statute book. Hav- 
ing gained a high reputation for legislative capacity, in 1833, 
he was elected a member of the National House of Repre- 
sentatives; and on the assembling of the Twenty-seventh 
Congress, to which he was reelected by a larger majority 
than was ever given to any person in his district, he was 
placed in the arduous position of Chairman of the Com- 
mittee of Ways and Means. The measures which he 
brought forward and sustained with matchless ability, 
speedily relieved the government from its existing pecuniary 
embarrassments. In 1847, he was elected Comptroller of 
the State of New York by a larger majority than had ever 
been given to any State officer for many years. In 1848, he 
was selected as a candidate for Vice-President, General Tay- 
lor heading the ticket. On his election to that high office, 
he resigned his position as Comptroller, and entered upon 
his duties as President of the United States Senate. The 
courtesy, ability, and dignity exhibited by him, while pre- 
siding over the d-eliberations of that body, received general 

279 



280 MILLARD FILLMORE. 

commendation. Upon the sudden death of Gen. Taylor, he 
became President, and promptly selected a cabinet, distin- 
guished for its ability, patriotism, and devotion to the Union, 
and possessing, in an eminent degree, the confidence of the 
country. 

After serving out the constitutional term, Mr. Fillmore 
returned to Buffalo, and again resumed those pursuits which 
had prepared the way to the elevated position from which 
he had just retired. He was welcomed home by troops of 
friends, with whom he still continues to enjoy an unabated 
popularity. 

It should be borne in mind by every aspiring young man, 
that Mr. Fillmore is entirely indebted to his own exertions 
for his success in life. From a very humble origin, he at- 
tained the highest office in the world, climbing the rugged 
steep of fame step by step, with indefatigable industry and 
untiring perseverance, until he at length gained the summit, 
where he is long likely to enjoy his well-earned position. 



FRANKLIN PIERCE, 

THE TWELFTH PRESIDENT OF THE DNITED STATES, 

Was born at Hillsborough, N. H., November 23, 1804, and 
early received the advantage of a liberal education. After 
going through a regular collegiate course at Bowdoin College, 
which he entered at the age of sixteen, he became a law 
student in the office of Judge Woodbury, at Portsmouth, 
whence he was transferred to the law school at Northamp- 
ton, where he remained two years, and then finished his 
studies with Judge Parker, at Amherst. Although his rise 
at the bar was not rapid, by degrees he attained the high- 
est rank as a lawyer and advocate. 

In 1829, he was elected to represent his native town in 
the State Legislature, where he served four years, during 
the two last of which he held the speakership, and dis- 
charged the duties of the office with universal satisfaction. 

From 1833 to 1837, he represented his State in Congress, 
and was then elected to the United States Senate, having 
barely reached the requisite age to qualify him for a seat 
in that body. 

In 1834, he married Miss Jane Means, daughter of the 
Rev. Dr. Appleton, formerly President of Bowdoin College, 
soon after which he removed to Concord, where he still 
holds a residence. He was reelected at the expiration of 
his senatorial term, but resigned his seat the year following, 
for the purpose of devoting himself exclusively to his legal 
buisness, which had become so extensive as to require all 
his attention. 

In 1846, he declined the office of Attorney-General, ten- 
dered him by President Polk; but when the war with Mex- 
ico broke out, he was active in raising the New England 
regiments of volunteers ; and afterward accepted the com- 
mission of Brigadier-General, with which he at once re- 
paired to the field of operations, where he distinguished 
himself in several hard-fought battles. At Cer^Gordo 
and Chapultepec he displayed an ardor in his country's 
cause which extorted praise from his most inveterate pol- 
itical opponents ; and on his return home he was every - 
24 281 



282 FRANKLIN PIERCE. 

■where received with gratifying evidences that his services 
were held in grateful remembrance by the people. 

At the Democratic Convention, held in Baltimore in 1852, 
after trying in vain to concentrate their votes on a more 
prominent candidate, that body unexpectedly nominated 
General Pierce for the office of President of the United 
States, to which he was elected by an unprecedented ma- 
jority over his rival, General Scott — receiving 254 votes 
out of 296. He was duly inaugurated on the 4th of March, 
1853, and his administration was more remarkable for its 
futile attempts to reconcile conflicting interests, than for 
the achievement of any particular measure of great public 
utility. However, it will better become his future than his 
present biographer to "speak of him as he is; nor aught 
extenuate, nor aught sot down in malice." 



ELECTORAL VOTES. 



283 



Election for the Seventeenth Term, commencing March 4, 1853, 
and terminating March 3, lb57. 



o 


STATES. 


pues't. 


v. pats'* 


cu 5 

oS 

Is 


S 3 


tS 

a 

2 . 

. as 

« a 

ce jg 

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<s | 
as 


8 




8 
ft 


13 

ft 

\i 
12 


8 
6 

"4" 

6 

3ft 
7 

27 
3 
8 

1ft 

10 
8 

10 

'is' 

6 

7 

13 
11 

9 

9 

4 

6 

3 

4 

4 

6 

4 




ft 






13 




13 


4 


Rhode Island 


4 

6 




ft 










6 


3ft 




35 
7 

27 
3 
8 

15 

10 
8 

10 




7 






27 






S 






8 






1ft 






10 






8 






10 






12 




12 


n 






12 


23 




23 

6 
7 
13 
11 
9 
9 
4 
6 
3 
4 
4 
ft 
4 


a 






7 






13 






11 






9 
9 




... 


4 






(> 






3 






4 






4 






ft 






4 













290 


IM 


42 


264 


42 



















Franklin Pierce took the oath of office, as President, and 
entered upon his duties March 4, 1853. 

The oath of office was administered to William R. King by a 
commission while he was on a visit to Cuba for the- benefit of his 
health; but ho died soon after his return home, and Jesse i). 
Bright, of Indiana, then ('resident of the 8enato, acted as Vico 
President, ex officio, during the remainder of the term. 

John P. Hale, of N. 11., and George VV. Julian, of Ind., were 
nominated by the "Free Democracy" for President and Vice 
President, but they did not receive a single electoral vote 



JAMES BUCHANAN, 

THIRTEENTH PRESIDENT OF THE UNITED STATES. 

For the high position he so long maintained in the po- 
litical affairs of this country, Mr. Buchanan is not alone in- 
debted to his early and thorough education, but his entiro 
devotion to whatever he undertook, and his perseverance in 
sunnouuting obstacles which would have intimidated less 
determined minds, had a large share in promoting his ad- 
vancement. He is of Irish parentage, and was born at Stony 
Batter, Franklin County, Pennsylvania, April 23, 1791. At 
the age of seven years, he removed with his father's family 
to Mercersburg, and there received an education that fitted 
him for entering Dickinson College, in 1805, where he grad- 
uated two years afterward with the highest honors. He then 
studied law with James Hopkins, of Lancaster, and in 1812 
was admitted to the bar, at which he attained a high rank 
and commanded an extensive practice. 

In 1814, he commenced political life as a member of the 
Pennsylvania State Legislature, and in 1820 was sent as a 
Representative to Congress, where ho remained for ten years — 
at the expiration of which he declined a re-nomination. 

In 1831, he was appointed minister to Russia by President 
Jackson, of whom he was always the consistent friend and 
supporter, aud he negotiated a commercial treaty which 
proved of great advantage to American commerce. 

In December, 1834, having been elected to the United 
States Seuate, he took his seat in that body, and continued 
one of its most efficient members until 1845, when he ac- 
cepted the office of Secretary of State, under Mr. Polk. He 
held this responsible place until the expiration of Mr. Polk's 
term of service, when he returned home to repose awhile. 
But he did not, by any means, become an idle spectator in 
passing events ; his letters and speeches show that he was 
no less vigilant as a private citizen, than as a couuselor in 
the Cabinet, or a Representative and Senator in Congress. 

On the accession of Mr. Pierce to the Presidency, in 1853, 
Mr. Buchanan was appointed minister to England, with which 
country questions were then pending that required great pru- 
dence and discrimination for their satisfactory adjustment. 
284 



JAMES BUCHANAN. 2S5 

In his intercourse with the British diplomatists he was not 
only discreet, but displayed sound sense, courtly forbear- 
ance, a just assertion of our rights, and the true dignity of 
the American character. So entirely unexceptionable was 
his whole course while abroad, that, on his return to this 
country, in April, 1856 — he landed in New York on the 
sixty-fifth anniversary of his birthday — he was received 
with an enthusiasm seldom accorded to political men. 

In June, 1856, Mr. Buchanan was nominated by the Dem- 
ocratic Convention at Cincinnati, as a candidate for the Pres- 
idency ; and although there were powerful political elements 
arrayed against him in the succeeding campaign, he was tri- 
umphantly elected to that responsible and honorable office. 

His administration was attended with unusual difficulties — 
difficulties which it would seem he was not fully able to meet. 
The troubles in Kansas, arising from the repeal of the Mis- 
souri Compromise, and the opposition made to his views 
touching the admission of Kansas with the Lecompton Con- 
stitution, by the Douglas wiug of the Democratic party, were 
matters of sore vexation to him, and tended greatly to un- 
popularize the latter part of his public life. But these were 
considerations of small moment as compared to the embar- 
rassment which the Government suffered in consequence of 
the treacherous intrigues of some of the members of his Cab- 
inet. His Secretary of War and Secretary of the Treasury, 
afterward so conspicuous in the great Rebellion, were par- 
ticularly instrumental in crippling the pecuniary and mili- 
tary resources of the country, and turning them to the 
benefit of the South. When treason began to assume a 
threateuiug attitude, Buchanau declared against the right of 
secession, but at the same time denied the right of coercion 
by the Government. This, perhaps, is the most inconsist- 
ent, inexplicable position ever taken by any of the nation's 
chief rulers. On the 4th of March, 1861, Mr. Buchanan 
retired from the Presidency, leaving to his successor the 
highly perplexing task of setting to right the machinery 
of a government crippled and weakened in all its parts, and 
fully ripe for the most gigantic civil war known to history. 

It was, at one time, presumed by many that Mr. Buchanan 
was not only encouraging the rebellion by his weak, inde- 



286 JAMES BUCHANAN. 

eisive policy toward arued traitors, and by winking at the 
thieving proceedings of some of his Cabinet officers, but 
that he was himself leagued with the leaders of the seces- 
sion movement, and secretly acted in unison with them. 

While it is true that the unhindered appropriation of 
millions of treasure to the furtherance of rebellious schemes, 
and the large deposit of choice arms made in Southern ar- 
senals, would indicate an affiliation of the President with 
the chief rebels of the South, yet there has never been ad- 
duced any direct proof of such affiliation ; and nothing said 
or done by Mr. Buchanan since his retirement shows active 
sympathy with the Rebellion. There is, however, evidence 
on every hand of weakness — an element of character he 
never manifested prior to his executive career — of that 
negative disposition which will, under circumstances such 
as surrounded him during the latter part of his adminis- 
tration, wholly unfit a man for the performance of his duties. 

The subject of the present sketch would, doubtless, have 
been a very good executive at a period when the country 
was undisturbed by sectional agitation ; at a time when 
there were no conflicting local interests to stir up and em- 
bitter South against North. But the exigencies of the 
period during which he sat at the helm of state demanded 
a man who could take hold with a strong hand ; a man of 
Jacksonian character, who, with the loftiest political integ- 
rity and most devoted loyalty, combined a Napoleonic will; 
a man who, foreseeing the certain results of the pursuits of 
a conciliatory course with rebellion, would have given it a 
decisive blow in its very infancy. 

But it seems that Mr. Buchanan proposed to deal with 
secessionists as an over-fond, weak-minded mother deals with 
a spoiled child — scolding and coaxing alternately, satisfied 
to exhibit her authority by the former, and confident that 
she can reform her fondling by the latter. Perhaps he may 
be partially excused by some in consideration of the debt 
of gratitude he felt he owed to. the Southern States, for the 
valuable services they had rendered him in his election. 
But a truly great executive never allows his feelings to in- 
terfere with the performance of duty. The life of the na- 
tion was in jeopardy ; that grand superstructure, the Ameri- 



JAMES BUCHANAN. 287 

can Government, whose foundation stones had been co- 
nsented by the sacred blood of the Revolutionary siree, 
whose columns had been reared by the wisest, purest 
statesmen the world ever saw, and about whose lofty dome 
the brightest seraphs of Heaven chanted their sweetest 
lays — that great temple around which clustered the hopes 
of the liberty-loving world, was threatened with destruc- 
tion, and there can hardly be any excuse for him who, 
having the power to save, refused to adopt such decisive 
measures as were essential to salvation. 

It is true that the Southern people had acted a very im- 
portant part in the election of Mr. Buchanan, but it is 
very far from being true that a majority of these people 
were in favor of secession. The great Democratic party 
was not a party of traitors, either North or South. The 
masses of the people of the Southern States were by no 
means desirous of severing their connection with the Gov- 
ernment of the United States, as was amply testified in the 
overwhelming Union majorities given in North Carolina, 
Tennessee, and other Southern States, even after South 
Carolina had sloughed off, and all the preliminary steps 
had been taken by the leading secessionists toward the 
formation of a Southern Confederacy. And there is no 
doubt that had Mr. Buchanan taken hold of the rebell- 
ion, while it was in the larva, with that determination to 
crush it which the great Jackson exhibited when South 
Carolina proposed her scheme of nullification, it had never 
seeu its winged existence. 

Buchanan's administration, in one respect, may possibly 
yet be productive of good, in that it may serve to impress 
the people with the importance of selecting a man for the 
chief magistracy who loves the right and dares to do it. 

He ouly survived the close of the war about three years, as he diod 
on the 1st of June, 1868, in the 77th year of hia age. 



288 



ELECTORAL VOTWS 



Election for the Eighteenth Term, commencing March 4, 1857 
and terminating March 3, 1861. 



as 



STATES. 



Maine 

New Hampshire. 
Massachusetts... 
Rhode Island.... 

Connecticut 

Vermont 

New York 

Bfaw Jersey 

Pennsylvania — 

Delaware 

Maryland 

Virginia 

North Carolina. 
South Carolina.. 

Georgia 

Kentucky 

Tennessee 

Ohio 

Louisiana < 

Mississippi 

Indiana 

Illinois 

Alaliama 

Missouri 

Arkansas 

Michigan 

Florida 

Texas 

Iowa 

Wisconsin* 

California 



PUKSIDBNT. 



No. of Elector 174 114 8 174 114 

Majority ...141) 



VICE-IRKS T. 



•if *i? 

• o — o I 



Ijip 



- |a 

1 o 



< o 



James Buchanan took the oath of office, as President, and 
entered upon his duties, March 4, 1857. 

.John C. Breekenridne took the oath of office, as Vice-Presi- 
dent, and entered upon his duties, March 4, 1857. 

*Whou the Electosal votes were being counted, in Joint Convention of the Senate 
and Uouso of Representatives, objections were made to including the votes of Wis- 
consin, because the electors did not meet until the day after that prescribed by law 
The President of the Convention stated that he merely announced that James Bn 
chatian had been eloctod President of the United -States, without any rofeionc* tc 
the contested votes, uud docliuod oxpreasiug an opinion on the Bubject. 



ABRAHAM LINCOLN, 

THE FOURTEENTH PRESIDENT OF THE UNITED STATES, 

Was born in Hardin County, Kentucky, February 12th, 
1809. The record of his boyhood and youth, so far as we 
have been able to trace it, is not distinguished by any thing 
more remarkable than the usual experience of children of 
pioneers in a new country. In 1816, he removed with his 
parents to what is now Spencer County, Indiana. Here he 
enjoyed the advantages of a little schooling — less than a 
year, however, in all. Whatever else he afterward learned 
from books was without the aid of the school-master — the 
result of his own energy and indomitable perseverance. 

Iu 1832, he served in the Black Hawk war, and, on his 
return from that service, was nominated for the Illinois 
Legislature from the county of Macon. In 1834, he was 
elected to the Legislature, and reelected in 1836, 1838, 
and 1840. While in the Legislature, he placed himself 
on record against slavery; and it is but just to say that 
the principles which actuated him then are the moving 
principles of the great party he to-day represents as the 
executive of the nation. 

For many years Mr. Lincoln was a prominent leader of 
the Whig party in Illinois, and was on the electoral ticket 
in several Presidential campaigns. In 1844, he canvassed 
tb/: cutire State for Henry Clay, of whom he was a sincere 
and enthusiastic friend, and exerted himself powerfully for 
the favorite of his partjt In 1846, he was elected to Con- 
gress, and took his seat on the first Monday in December, 
1847, the only Whig Representative from his State. 

In November, 1860, he was elected President of the 
United States by the party known as Republicans. 

On the 11th of February, 1861, he left his home in 
Springfield, Illinois, and proceeded to Washington, pass- 
ing en route the cities of Toledo, Indianapolis, Cincinnati, 
Columbus, Steubenville, Pittsburgh, Cleveland, Buffalo, 
Albany, Poughkeepsie, New York, Trenton, Philadelphia, 
Harrisburg, and Baltimore — at all of which places, except 
the last, he was received with great cordiality, and ad- 
dressed the people. At Baltimore a plot had been formed 
25 ? CA 



290 ABRAHAM LINCOLN. 

to assassinate him ; and, in this affair, it seems that some 
of the most prominent citizens of that place were impli- 
cated. But Mr. Lincoln, by prompt, shrewd management, 
reached Washington uninjured, and, on the 4th of March, 
1861, was duly inaugurated, and proceeded upon the du- 
ties of his office, notwithstanding the threats of Baltimor- 
eans that he never should be installed. In his inaugural 
address, in view of the threatening attitude assumed by 
some of the Southern States, in consequence of the acces- 
sion of a Republican administration, after declaring that 
there never had been any just cause for the apprehension 
that such an administration would encroach upon the con- 
stitutional rights of any State, he said that he had "no 
purpose, directly or indirectly, to isterfere with the insti- 
tution of slavery in the States where it existed; that he, 
as well as every Member of Congress, was sworn to sup- 
port the whole Constitution, one of the provisions of which 
is, that ' no person held to service or labor in one State, 
under the laws thereof, escaping into another State, shall, 
in conseqjience of any law or regulation therein, be dis- 
charged from such service or labor, but shall be delivered 
up on claim of the party to whom such service or labor 
may be due ;' that he took his oath to support the Con- 
stitution, without any mental reservation; that while he 
did not then choose to specify particular acts of Congress 
as proper to be enforced, he did suggest that it would be 
much safer for all, both in official and private stations, to 
conform to and abide by all those acts which sta-nd unre- 
pealed than to violate any of them, trusting to find im- 
punity in having them held to be unconstitutional ; that 
he held that, in the contemplation of universal law and 
of the Constitution, the union of the States is perpetual ; 
that no State could, upon its own mere motion, get out 
of the Union ; that acts of violence within any State or 
States against the authority of the United States are in- 
surrectionary or revolutionary, and that he should, as the 
Constitution expressly enjoiued upon him, take care that 
the laws of the Union should be executed in all the States; 
that while he should perform this duty perfectly, so far as 
practicable, unless restrained by his rightful masters, the 



ABRAHAM LINCOLN. 291 

American people, he trusted the declaration so to do would 
not be regarded as a menace, but only as the express pur- 
pose of the Union to maintain itself." 

The inaugural address, while considered as clear and 
explicit by many, was regarded as very obscure and un- 
satisfactory by others (the people of the South), and, on 
the 13th of April, 1861, Messrs. Preston, Stuart, and Ran- 
dolph, appointed by the Virginia Convention, were formally 
received by the President, and presented resolutions re- 
questing that, inasmuch as "great uncertainty prevailed in 
the public mind as to the policy" to be pursued by the 
Federal Executive, he should communicate to the Conven- 
tion the course he intended to take in regard to the " Con- 
federate States." 

To this request the President replied that, while he was 
sorry that dangerous uncertainty should exist respecting 
his mode of procedure with the seceded States, he could 
give no clearer exposition of his policy than was given in 
his inaugural address, a careful consideration of which he 
recommended to the Virginia Convention. 

Two days after this, Fort Sumter having been reduced 
by the Confederate Government, and other demonstrations 
of a revolutionary character having been made, the Pres- 
ident issued a proclamation calling for 75,000 volunteers, 
for three months, to suppress the rebellion, and summoned 
Congress to assemble in extraordinary session. The call 
was heartily responded to, and, in a few days, a vastly 
greater number than had been requested offered themselves 
to their country. Meantime Washington was placed in a 
state of defense. Shortly after the commencement of hos- 
tilities, a blockade of all the Southern ports was declared. 
This was directly followed by a blockade of Virginia and 
North Carolina. On the 3d of May, 1861, the President 
issued a call for 42,034 additional volunteers for the term 
of three years. Congress having assembled, he addressed 
a message to that body, asking that at least 400,000 men 
and $400,000,000 be placed at his control, that the work 
of crushing the rebellion might be expedited. Congress 
readily complied, granting more men and money than had 
been askca. 



292 ABRAHAM LINCOLN. 

On the 16th of August, 1861, the President issued a 
proclamation prohibiting all commercial intercourse be- 
tween the loyal and seceded States. In the latter part of 
August, he modified a proclamation issued by General Fre- 
mont, which declared martial law in the State of Missouri, 
ordering the confiscation of the property of disloyal per- 
sons, and declaring their slaves free. The two latter of 
these measures Mr. Lincoln declared void. For this act 
he was blamed by many of his own party at the time. 

Passing some other acts of less importance, we next no- 
tice the message addressed to Congress on the 6th of March, 
1862, by the President, recommending that the Govern- 
ment cooperate with any State desiring a gradual emanci- 
pation of the slaves, by affording it such pecuniary aid as 
would enable it to "compensate for the inconveniences, 
public and private, produced by such change of system." 
This message was hailed by the radical antislavery party 
of the country as the initiatory step toward a final and 
total abolition of slavery ; by conservative Union men, with 
indifference ; and by the secessionists as a hostile encroach- 
ment upon State rights. 

On the 11th of March, 1862, Mr. Lincoln assumed com- 
mand of the Army and Navy of the United States, order- 
ing a general movement of both, and confining General 
McClellan to the command of the Department of the Po- 
tomac. 

April 16th, 1862, he approved and signed an act of 
Congress, abolishing the institution of slavery in the Dis- 
trict of Columbia, which act " recognized and practically 
applied" the principles of compensation and colonization. 

During the month of May, the President issued two 
proclamations, the one declaring the ports of Port Royal, 
Beautort, and New Orleans open for trade, the other re- 
pudiating an order issued by General Hunter, emancipat- 
ing all the slaves in Georgia, Florida, and South Carolina. 
This act also produced some dissatisfaction. During the 
years 1862-1863, Mr. Lincoln was actively employed in 
calling out and furnishing troops, and making important 
changes in the organization of the army. It was also dur- 
ing this period that he issued his general emancipation 



ABRAHAM LINCOLN. 293 

proclamations — the first on the 22d day of September, 1862, 
declaring that all slaves held in any State, or part of a 
State found in actual rebellion against the authority of the 
United States on the 1st day of January, 1863, should 
then and forever thereafter be free ; the second, on the 1st 
of January, 1863, declaring that, in accordance with the 
first proclamation, slavery is abolished in all the States and 
counties then in armed rebellion against the Government. 

These measures, while they greatly unpopularized the 
President with certain parties in the Northern and South- 
ern border States, were regarded as the exponents of the 
true policy by the radicals. His suspension of the writ of 
habeas corpus, in certain cases, September 15th, 1863, also 
produced considerable stir in political circles. 

At the Republican Convention which met at Baltimore, 
in January, 1864, Mr. Lincoln was re-nominated for the 
Presidency of the United States — was elected November 
8th, and duly inaugurated March 4th, 1865. 

The following note of his inaugural address is from an 
English journal. It speaks for itself: 

" On the 4th instant, the day of inaugurating his sec- 
ond term, President Lincoln read a short State paper, 
which for political weight, moral dignity, and unaffected 
solemnity has had no equal in our time. His presidency 
began, he says, with the efforts of both parties to avoid 
war. 'To strengthen, perpetuate, and extend the slave 
interest was the object for which the insurgents would 
rend the Union by war, while the Government claimed the 
right to do no more than restrict the territorial enlarge- 
ment of it.' Both parties 'read the same Bible and pray 
to the same God.' ***** 

"The prayer of both can not be answered, that of neither 
has been answered fully, for the Almighty has his own pur- 
poses. Mr. Lincoln goes on to confess for the North its 
partnership in the original guilt of slavery : ' Woe unto 
the world because of its offenses, for it must needs be that 
offenses come ; but woe unto that man by whom the offenses 
cometh! If we shall suppose American slavery one of the 
offenses which in the providence of God must needs come, 
but which, having continued through His appointed time, 



294 ABRAHAM LINCOLN. 

He now wills to remove, and that He gives to both North 
and South this terrible war, as was due to those by whom 
the offense came, we will not discern that there is any de- 
parture from those divine attributes which believers in the 
living God always ascribe to Him. Fondly do we hope, 
fervently do we pray, that this mighty scourge of war may 
speedily pass away. Yet, if it be God's will that it con- 
tinue till the wealth piled by bondsmen by two hundred 
and fifty years' unrequited toil shall be sunk, and till every 
drop of blood drawn with the lash shall be repaid by an- 
other drawn with the sword, as was said three thousand 
years ago, so still it must be said that the judgments of the 
Lord are true and righteous altogether. With malice to- 
ward none, with charity for all, with firmness in the right, 
as God gives us to see the light, let us strive on to finish 
the work we are in, to bind up the nation's wounds, to care 
for those who have borne the battle, aud for their widows 
and orphans. And with all this let us strive after a just 
and lasting peace among ourselves and with all nations.' 
No statesman ever uttered words stamped at once with the 
seal of so deep a wisdom aud so true a simplicity. The 
'village attorney,' of whom Sir G. C. Lewis and many 
other wise men wrote with so much scorn, in 1861, seems 
destined to be one of those 'foolish things of the world' 
which are destined to confound the wise, one of those weak 
things which shall 'confound the things that are mighty.'" 
The rebel General Lee had surrendered. The war was 
apparently at an end. Abraham Lincoln, the honored and 
the great, looked forward to a speedy restoration of the 
Union. But while the storm lulled, the assassin did his 
work. J. Wilkes Booth shot Abraham Lincoln on the 
night of the 13th, and he died April 14th, 1865, honored 
and lamented by every true American. The world never 
before beheld such universal sorrow. A nation not merely 
mourned but was clad in the deepest mourning. 



ELECTORAL VOTES. 



295 



Election for the Nineteenth Term, commencing March 4, 1861, 
and terminating March 3, 1865. 




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Abraham Lincoln took the oath of office as President, and 
entered upon his duties, March 4th, 1861. Hannibal Hamlin 
took the oath of office as Vice-President, and attended in the 
Senate as its President, on the 4th of March, 1861. The acces- 
sion of Mr. Lincoln to the Presidency was made the pretext for 
the great rebellion of 1861. 



296 electoral V0TE8. 

Election for the Twentieth Term, commencing March 4, 
1865, and terminating March 3, 1869. 





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Virginia, South Carolina, North Carolina, Georgia, Tennessee, Louisiaua, Mis- 
sissippi, Alabama, Arkansas, Florida and Texas, being in rebellion, did not vote 
for President and Vice President. 

Whole number of Electoral votes cast were 233 — for Lincoln and Johnson, 212 ; 
for McClellan and Pendleton, 21. Lincoln and Johnson's majority 191, the great- 
est majority attained since the organization of the Government. 

Aiiruham Lincoln took the oath of office as President and entered upon his du- 
ties March 4, 18H5. 

Audiew Johnson took the oath of office as Vice President, and attended in the 
Senate as its President March 4, 18t>5. 



ANDREW JOHNSON 

Was bom at Raleigh, North Carolina, December 29th, 
1808, and is now in his sixtieth year. He lost his father 
when only four years old. At the age of ten he was ap- 
prenticed to a tailor in Raleigh, and served with him an 
apprenticeship of seven years. His mother was poor, and 
had been unable to give him any educational advantages ; 
but youug Andy, whose unconquerable spirit was not to 
be restrained by any disadvantages, became stimulated with 
a desire for knowledge. He acquired the alphabet with no 
other instructions than those obtained from the journey- 
men with whom he worked. He learned to read from an 
old volume of speeches, loaned him by a friend, and thence- 
forward, after ten hours' work with his goose, needle, and 
scissors, applied himself with vigor to study for three or 
four hours each evening. In 182-1, having completed his 
apprenticeship, he went to Laurens Court-house, South 
Carolina, where he worked as journeyman for two years. 
In 1826, he set out for the West, taking his mother, whom 
already, at his early age, and with his scanty wages, he 
was supporting. He made his home at Greenville, Ten- 
nessee, where he remained, and commenced business, and 
where he became a thriving and popular man. With the 
indefatigable thirst for knowledge which had characterized 
his early career, he still pursued his studies, and, in the 
evenings which followed a day of labor, with his wife aa 
instructress, pushed on in the road to knowledge. 

He entered early into political life, being elected to the 
first office he ever held — that of Alderman of the village 
of Greenville — in 1828. He was reelected to the same 
office in 1829. In 1830, he was elected Mayor, and re- 
tained that position for three years. In 1835, he was sent 
to the Legislature, where he chiefly distinguished himself 
by taking strong grounds against a scheme of internal im- 
provements, which, he argued, was extravagant and useless. 
The measure was popular, however, and he was defeated 
in 1837. In 1838, he was a candidate again, and was this 
time successful. In 1840, he served as Presidential elector 
for the State at large on the Democratic ticket, and during 

297 



298 ANDREW JOHNSON. 

the campaign rendered efficient service to the party as a 
etump speaker. In 1841, he was elected to the State Sen- 
ate, and, in 1843, at the age of thirty-five, he was elected to 
Congress, where he held his seat, being four times reelected, 
until 1853. During this time he was thoroughly identified 
with the old Democratic party, and supported all the party 
measures. In 1853, he was elected Governor, after a very 
exciting contest, over Gustavus A. Henry. He was reelected 
in 1855, over Meredith P. Gentry, the Whig candidate. At 
the expiration of his Gubernatorial term, in 1857, he was 
chosen United States Senator by a Democratic majority in 
the Legislature of Tennessee. In that body he commanded 
the respect of all his compeers, as an able, eloquent, and 
patriotic statesman. At the breaking out of the rebellion, 
Senator Andrew Johnson still proclaimed his allegiance to 
the United States, and continued to hold his seat in the 
Senate, though his course subjected him to much unpopu- 
larity, and even danger. 

When, in the spring of 1862, our army had penetrated 
Tennessee to Nashville, and the northern and central por- 
tions of the States were wrested from rebel control, the 
President desired the services of a wise and sagacious man, 
of unquestionable loyalty, to act as Military Governor of 
that State ; and he did not have long to look — Andrew 
Johnson was at once recognized as the man for the place, 
and, being commissioned a Brigadier-General, he repaired 
to Nashville, where he for two years discharged the deli- 
cate and responsible duty of his charge with a degree of 
wisdom and efficiency which challenged general admira- 
tion. Under his administration, the rebellion had steadily 
been losing its hold in Tennessee, and loyalty was as con- 
stantly cultivated and developed. 

He was nominated for the Vice-Presidency by the Union 
Convention at Baltimore, June 8th, 1864, and was elected 
November 8, 1864, and was sworn into office March 4th, 
1865. 

President Lincoln died April 15. Andrew Johnson was 
sworn into office as President of the United States, on the 
game day, by Chief Justice Chase. 

Soon after entering upon the duties of his office, he ve- 



ANI/EEW JOHNSON. 

toed the Civil Rights Bill, the Constitutional Amendment, 
the Mili" -rnment Bill, and all the important hilla 

pas&ed by Congress ; also suspended Edwin M 3tai 
- .-.-tary of War. from office, during the 

• ; on the assembling of which, he sent theiL 
: -ons for so doing. Upon eonadering i - 

instated E S -.ton. Wherempcm the Pi 

sued an order removing him. and m \ : '.'. ,-ral 

Thomas. Adjutant-General of the ar- 
ad interim — I 

adv. 5 ' "iiich and mai_ 

mif Hid 1 ^al, 

the Ho,- -' f ] - '. i -- 

! 

be was ■ ee oidra gij tried for the 

I rait of which trial will be f'&ucd in the Impeachment 
Ac: jd an ..ther page 



300 LIEUTENANT-GENERAL ULYSSES 8. GRANT. 

LIEUTENANT-GENERAL ULYSSES S. GRANT, 

Was born at Mount Pleasant, Clermont county, Ohio. It seems 
that the only marked traits of character he exhibited in early 
Doyhood were energy, industry, will. His educational advan- 
tages, at this period, were those of the common, country school 
— no more. 

In the year 1839, at the age of seventeen, he entered the 
United States Military Academy at West Point, from which he 
graduated on the 30th day of January, 1843. During his stay 
t this Institution he manifested that untiring industry, close 
application and unconquerable will which distinguished his 
boyhood, and which have constituted so conspicuous an element 
of his military character. It appears, however, that he was 
never regarded as a genius; and the grade he sustained on the 
day of graduation — that of 21 in a class of about 42 — would 
not indicate extraordinary advancement in the studies assigned 
him. But it was remarked by those who conducted him through 
his Academic course, as it has been by those who have observed 
bis military career, that he never lost an inch of the ground 
gained at each successive step in his progress. At his gradua- 
tion it is said he possessed a "practical knowledge of the use 
of the rifled musket, the tield piece, mortar, siege, and sea-coast 
guns, small sword and bayonet, as well as the construction of 
held works, and the fabrication of all munitions and materiel 
of war." 

At the close of his Academic course, he entered the United 
States regular army as a Brevet Second- Lieutenant of infantry. 
At this time, the United States being at peace with all nations, 
Grant was attached as a Supernumerary Lieutenant to the 
fourth infantry, then stationed on the frontier in Missouri and 
Missouri Territory, and engaged in keeping down the Indian 
tribes that at that time were very troublesome to the early set- 
tlers of that region. Here Grant had not been many monthi 
when he was ordered, with his regiment, to join the army of 
General Taylor, in Texas. Soon after this, Corpus Chris ti, an 
important port on the Texan shore, was taken possession of by 
the American army as a base of operations against the Mexi- 
cans, between whom and the United States disputes respecting 
certain imaginary boundary lines were fast ripening into a war; 
and it was here that Grant received his commission as full 
Second Lieutenant of Infantry. This commission dated from 
the 3Uth day of September, 1845. On the 8th day of May, 
1846, he participated in the battle of Palo Alto, and although 
not noticed in the official reports, was spoken of by his com- 
rades as having displayed great gallantry. lie was likewise 
engaged in the subsequent brilliant operations of General Tay- 
lor along the banks of the liio Grande. On the 23d of Septem- 



LIEUTENAXT-GEXLRAL CLYSSES S. GRAXT. 301 

ber, 1846. he took part, with great credit to himself, in the 
splendid affair at Monterey. It is a noteworthy fact that, al- 
though Grant's conduct in every one of these engagements was 
highly meritorious, he remained in the back ground, claiming 
no honors or promotions, but quietly biding his time. 

After the formal declaration of war by the United States, 
against Mexico, he was transferred to the command of General 
Scott, and subsequently (March '29, 1 S 4 7 , ) particiriited in the 
siege of Vera Cruz. Immediately alter this affair, he was ap- 
pointed the (Quartermaster of his regiment, which office he re- 
tained throughout the Mexican campaign. He was, however, 
honored with the appointment, on the field, of First Lieutenant, 
to date from the 8th of September, 1847, for gallant and distin- 
guished voluntary services rendered on that day in the famous 
battle of Molino del Ray. Congress afterwards wished to con- 
firm the appointment as a mere brevet, but Grant refused to 
accept it under such circumstances. 

On the 13th of September, 1847, he was made Brevet Captain 
of the regular army for gallant conduct in the battle of Che- 
pultepec, which battle occurred on the preceding day. On the 
16th of November, 1847, he was commissioned a First Lieuten- 
ant in the fourth regiment of regular infantry, still retaining 
his brevet rank of Captain. 

At the close of the Mexican war, Grant, upon the distribution 
of his regiment in companies and sections among the various 
Northern frontier defences, along the borders of the States of 
Michigan and New York, took command of his company in one 
of these defences. His regiment having been afterwards con- 
solidated and ordered to the Department of the Pacific, Grant, 
with his own and some other companies, was sent into Oregon 
to Fort Dallas. He received his full promotion to Captain of 
infantry, in August, 1853, and was. shortly afterwards, attached 
to the Department of the West: but. not regarding military so 
favorable to progress as civil life, he resigned his connection 
with the United States army on the 31st day of July, 1854, after 
which he resided near the city of St. Louis, Missouri, until the 
year 1859. Here he resided on a small farm, occupying him- 
self in winter by hauling wood to the Carondelet market, and 
during the summer in the collection of debts, for which latter 
business, it is said, he had little capacity. 

In the year 1859, he embarked in the leather trade with his 
father, the firm opening business in the city of Galena, Illinois. 
Grant continued in the leather business, driving a prosperous 
trade, up to the breaking out of the Rebellion in 1861, when he 
offered his services to his country, upon the first call for volun- 
teers, and was appointed by Governor Yates as Commander-in 
Chief of the Illinois forces and mustering officer of Illinois 



302 LIEUTENANT-GENERAL ULYSSES S. GRANT. 

volunteers. Desiring active service in the field, he resigned his 
appointment as. mustering officer, and accepted the Colonelcy of 
the 21st regiment of Illinois volunteers, with a commission 
dating from June 15, 1861. In August, 1861, Colonel Grant 
was promoted to the rank of Brigadier General of volunteers, 
his commission dating from May 17, 1861. 

Shortly after this he was appointed commandant of the post 
at Cairo — which post included the Missouri shore of the Missis- 
sippi river, from Cape Girardeau to New Madrid, and the oppo- 
site shore, to the point of land on which Cairo stands. This 
position Grant filled with great ability, checkmating, by his 
adroit maneuvering, the efforts of the rebels to occupy, perma 
nently, southern Kentucky, and conducting those successful 
expeditions against Forts Henry and Donelson, which opened 
the way to the occupation of Western Tennessee. 

On the 16th of February, 1862, the day after the surrender of 
Fort Donelson, he was appointed Major General of volunteers, 
and was placed in command of an expedition up the Tennessee 
river against the rebels in and about Corinth, under comman 
of Johnston and Beauregard. This expedition terminated in 
the great battle of Shiloh or Pittsburg Landing — which battle, 
occupying two days, (April 6th and 7th, 1862,) was one of the 
bloodiest of the war, and resulted in the defeat of the rebels 
and their retreat upon Corinth. 

For the immense slaughter which attended this battle, Gen- 
eral Grant was very severely censured by the people, generally, 
throughout the Western States. 

Soon after this, General llalleck having assumed command of 
the army before Corinth, and that place having fallen into the 
hands of the United States forces by evacuation, an important 
change took place in the army, which resulted in the assignment 
of General Grant to the District of West Tennessee, and tie 
promotion of General llalleck to the office of General-in-Chief. 
The former soon after formed the plan of opening the Missis- 
sippi river to its mouth. Memphis having been given up to our 
troops, the chief obstacle in the way of the prosecution of the 
design were Vicksburg and Port Hudson. 

After a series of expeditions and battles, land and naval, in 
which the courage and fortitude of the Union troops were no 
less prominently exhibited than the superior engineering pow- 
ers and unyielding stubbornness of General Grant, Vicksburg 
was reduced by siege and was occupied by Grant on the 4th of 
July, 1863; and directly after this (July 8, 1863) followed the 
surrender of Port Hudson to General N. P. Banks. 

On the 16th of October, 1863, the Departments of the Ohio, 
of the Cumberland, and of the Tennessee were formed into the 
Military Division of the Mississippi, under the command of 



LIEUTENAXT-OENKRAL ULYSSK3 S. GRANT. 303 

General Grant. The General, however, was not long in this position 
until, the grade of Lietitenant-General having been revived, he was 
promoted to that office — which office gave him control of the entire 
forces of the United States. This appointment was made in February, 
18(54, and was immediately followed by the most active, thorough 
preparations for a movement upon Richmond by the Army of the 
Potomac under the personal command of General Grant, and an expedi- 
tion against Atlanta under command of General Sherman. After the 
battles of the Wilderness, Spottsylvania Court House and the siege of 
Petersburg, Lee's retreat was cut off by the rapid movements which 
Grant instituted, and on the 9th of April, just one week after the last 
great battle, the army of Northern Virginia capitulated. Soon after 
the rebel General Johnston surrendered to General Sherman, on the 
Barao terms granted by Grant to Lee, and the great civil war was 
ended. Grant was appointed Secretary of War ad interim, August 
12th, 1867, and tilled the office with distinction untiljanuary 14, 18G8, 
at which time Secretary Stanton was reinstated by Congress. On the 
21st of May, 18t>8. he was unanimously nominated for the Presidential 
chair by the Republican Convention, which met at Chicago. 



304 



ELECTORAL VOTKB. 



Election for the Ticcniy-first Term, commencing March 4, 1869, 
and terminating March 3, 1873. 















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3 

7 


7 


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5 
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9 








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Georgia 


9 
11 


9 








11 


10 




10 
21 


10 
21 




21 












G 


6 


7 










13 




13 
15 
9 

11 
5 
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Illinois 






9 






11 
















8 






3 








4 






8 




8 
8 
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8 
8 
6 
4 




8 








6 






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3 


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3 
3 


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3 




3 








Whole number of Electors. 
Necessary to a choice. 






310 
159 


211 


79 


211 


79 



Virginia, Mississippi and Texas, did not vote, not having con- 
formed to the reconstruction acts of Congress. 



ELECTORAL VOTES. 



305 



Election for the Twenty-second Term, commencing March 4, 1873 
and terminating March 3, 1877. 



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* Owing to the death of Horace Greeley, the vote of no Electoral 
College was given for him. Tlie Democratic Electoral vote was for 
B. Gratz Brown, 18 ; Thomas A. Hendricks, 42 ; Charles J. Jenkins, 2 ; 
Davis Davis, 1. 

tNot counted, 17 ; of these, three votes cast in Georgia for Horace 
Greeley were excluded, he having died before the votes were so cast— 
the House voting to exclude, the Senate to receive. The vote of Ar- 
kansas was rejected— the House voting to receive, the Senate to reject. 
The vote of Louisiana was rejected, both Houses concurring. 

Total counted, 349— necessary to a choice, 175. 

2G 



3U0" POPULAR VOTES. 

POPULAR VOTE FOR PRESIDENT, BY STATES. 





IS*!.* 


1828. 


18324 


1836. 


STATES. 


a 

< 


a 
o 

£ 

OS 


•o 
u 

5 


a 

5 


a 

d 

-3 
< 


a 
o 

!-5 


2 
5 




© 

1=1 


si 
sl 




241G 


9443 


1G80 


67 


193S 


17138 


No op 


J'son. 


15037 
1238 


19008 
2400 






















Connecticut ... 


7587 
By 


Legisl 


1978 
ature 


— 


13829 
4709 


4118 
4349 


17755 
427G 


11209 
4110 


18400 
4738 


19234 
4155 




By 

1512 
3090 


Legisl 
l'JOl 
7343 


ature 
219 




1581 
17052 


18709 

G7C3 

22237 


5429 
15472 


20750 
14147 
3 1552 


24930 
11983 
41281 




Illinois 


1017 
5315 


18097 
32480 








By 

C870 
14G32 
30G87 


G453 

Legisl 

2330 

14523 


ature 

3G4G 
G61G 


1G782 


31172 

40u7 
20773 
25759 
2983G 


39081 

4G05 

13927 

24578 

6019 


4339G 
2528 
27204 
191C0 
33003 


30247 
4049 
33291 
19150 
14545 


30955 
3383 

15239 

25852 

41093 
4000 
9G38 
8337 
G22S 

20892 
138543 

23020 
105405 

87111 
2710 


33435 




695 


22300 
22107 
33501 
7300 
9970 
10995 
18722 
2G347 


Maryland 

Massachusetts 


Mississippi 

N. Hampshire 
New Jersey ... 


1694 
311 
4107 
9110 
By 

12290 

5410 

2145 

By 

216 


3234 
987 
643 

10985 
Legisl 
20115 
18457 
3G100 

Legisl 
20197 


119 

119G 
ature 

15G21 

420G 

200 

ature 

312 


1401 


1581 
3422 
24071, 
23758 
135413 
13918 
G339G 
50818 
2754 


G763 

8232 
20G92 
21950 
1407G3 
37S57 
G7597 
101652 
821 


maj. 

19010 
23393 
15489(i 

4503 
70539 
5G71G 

2810 


5919 

5192 

25480 

23850 

108497 

24802 

8121 1: 

90983 

2126 


NorthCarolina 
Ohio 

Pennsylvania . 
Rhode Island. 
SouthCarolina 


19255 
1009 


2G910 

90913 

91475 

2904 


Texas 


— 


2240 


44090 


143G 


28740 


359G2 


20120 


"Vermont 


By 

3189 


Legisl 
2801 


ature 

8489 




24784 
12101 


8205 
2G752 


1 1 152 
11451 


787(i 
33009 


20991 
233GS 


14037 


Virginia 


41C 


30201 
























Total 


105321 


155872 


44'»8''' 


40587 








087502 


730050 


701549 



















Jackson over Adams, in 1824, 50,551; over Adams in 1828, 138,134; over Clay, 
in 1832, 157,313. Van Buren over Harrison and all others, in 1830, 24,893. 

♦Neither candidate received a majority of the Electoral Vote, and the House 
of Representatives elected Mr. John Quiucy Adams. 

t William Wirt, of Maryland, ran as an Anti-Masonic candidate, in 1832, re- 
ceiving a considerable voto in Now England, New York and Pennsylvania, 
which is added to that of Mr. Clay- in our tables. Mr. Wirt received the elect- 
oral voto of Vermont. 

X Tho Opposition voto was divided between General William H. Harrison, of 
Ohio, Hugh L. White, of Tennossee, Willie P. Mangum, of North Carolina, and 
Daniel Webster, of Massachusetts. 



POPULAR VOTES. 307 

POPULAR VOTE FOR PRESIDENT, DY STATES— Continued. 





1S40. 


1844. 


1848. 


NAMES. 


a 


C- 2 


e 


•2" 


-i 


5 


•2* 

i 

£ 

o 


e 
c 

o 

s 


|=5 

B $ 




ss = 


SQ 


E^t 


a 


*A 




^» 


s<=> 


S^ 




a 


> 


B 


O 


B 


B 


H 


c 


> 


Alabama ... 


28471 


33991 





20084 


27740 





30482 


31303 





Arkansas ... 


61 GO 


0700 


— 


5 04 


9o4o 


— 


7588 


9300 


— 






















Connecticut 


31001 


25290 


174 


32832 


29841 


1943 


30314 


27(>1'. 


501)5 


D< lawaro ... 


59v.7 


4884 


— 


627S 


6990 





C421 


5898 


80 
















3110 
47541 


1847 
11802 






402G1 


31921 





42100 


44177 


_ 


_ 




4",.- j :j7 


47470 


149 


40528 


57920 


3570 


53047 


5G300 


10774 




60302 


51604 


— 


67867 


70181 


2100 


69907 


74745 


8100 
















11084 

C7141 


12003 
49720 


1126 


Kentucky... 


58489 


32610 





61250 


519S8 







Louisiana... 


11296 


7010 


— 


13083 


13782 





18217 


15370 


— 




40012 


40201 


194 


34378 


40719 


4836 


35120 


398S0 


12096 


Maryland... 


33528 


28752 


— 


35984 


32076 


— 


37702 


34528 


125 


Massach'tts 


72874 


51941 


1021 


67418 


62S46 


10800 


C1070 


30281 


38058 


Michigan ... 


22933 


21131 


321 


24337 


27759 


3632 


23940 


30087 


10389 


Mississippi. 


19018 


16995 


— 


19206 


20120 


— 


20922 


26537 


— 


Missouri .... 


22972 


29760 


— 


31251 


41309 


— 


32071 


4<077 


— 


New Hamp. 


26108 


32761 


126 


17SG0 


27100 


4161 


14781 


27703 


75o0 


New Jersey. 


33351 


31034 


09 


38318 


37495 


131 


40010 


30901 


829 


New .York... 


225817 


212027 


279S 


232482 


2375S8 


15812 


218C03 


114318 


120510 


N. Carolina 


40370 


33782 





43232 


39287 





43550 


3480'J 


— 


Ohio 


148157 
144021 


124782 
143672 


903 
343 


155057 
161203 


149117 

107030 


8050 
313S 


1383C0 
185013 


154770 
171170 


35354 


Pennsylv'a. 


11203 


Rhode Isl'd 


5278 


3301 


42 


7322 


4807 


107 


C779 


364C 


730 






















Tennessee .. 


00391 


48289 





C0030 


59917 





64700 


58419 



















4509 
23122 


100G8 
10948 






32440 


18018 


319 


26770 


18041 


3954 


13837 


Virginia .... 


42501 


43893 


— 


43077 


4907C 


— 


45124 


4G58li 


9 
















13747 


15001 


10418 


















Total 


1275011 


1122912 


7009 


1299062 


1337243 


62300 


1300099 


1220044 


291203 



Harrison over Van Buren, 145,999; over Van Buren and Birney, 138,940. 

Polk over Clay, 38,181 ; Clay and Birney over Polk, 24,119. 

Taylor over Cass, 139,555 ; Cass and Van Bnren over Taylor, 161,700. 



308 POPULAR VOTES. 

POPULAR VOTE FOR PRESIDENT, BY STATES-Continued. 



SO 

£ 



o a 



g<3 



aP 

E"S 



Alabama 

Arkansas 

California 

Connecticut 

Delaware 

Florida 

Georgia 

Illinois 

Indiana 

Iowa 

Kentucky 

Louisiana 

Maine 

Maryland 

Massachusetts ... 

Michigan 

Mississippi 

Missouri 

New Hampshire 

New Jersey 

New York 

North Carolina- 
Ohio 

Pennsylvania 

Rhode Island 

South Carolina.. 

Venuessee 

Texas 

Vermont 

Virginia 

Wisconsin 

Total 



15038 

7404 

35407 

30357 

0293 

2875 

10000 

04934 

80901 

15S5G 

57008 

17255 

32543 

35006 

52083 

33S59 

17548 

29984 

1G147 

3855G 

234882 

39058 

152526 

179174 

7026 

Electors 

5S898 

4995 

22173 

58572 

22240 



2G881 
12173 
40026 
33249 
0318 
4318 
34705 
80597 
95310 
17703 
5380G 
18G47 
41009 
40020 
44509 
41842 
2G87G 
38353 
29997 
44305 
2G2083 
39744 
109220 
1985G8 
8735 
chosen 
57018 
13552 
13044 
73858 
33058 



100 

3100 

62 



9966 
6929 
1004 



8030 

54 

28023 

7237 



CG95 

350 

25329 

31G82 

8525 

644 

by Leg 



8G21 
8814 



20G91 

42715 

308 



9G189 

94375 

43954 

314 

67379 

281 

108190 

71702 



38345 

2S338 
27G007 

187497 

147510 

11467 

islature. 



39561 
291 

6G090 



4G739 
21910 
633G5 
34995 
8004 
6358 
56578 
105348 
118070 
3G170 
74G42 
221 04 
39080 
39115 
39240 
52136 
35446 
581 04 
32789 
4G943 
195878 
4824G 
170874 
230710 
6G80 



73038 
31169 
105G9 
89706 
52843 



107S7 
3)105 

2015 

6175 

48i!3 
42228 
37444 
2238G 

9180 
074 16 
20709 

3325 
474G0 
19G2G 

1GG0 
24195 
48524 
422 
24115 
124G04 
3G886 
28126 
82175 

1075 



60178 
15033 

545 
60310 

679 



i:;si;:,so 



1G01274 



874534 



Pierce over Scott, 214,694; over Scott and Hale, 68869. 

Buchanan over Fremont, 496,905; Fremont and Fillmore over Buchanan, 
«77,C29. 



POPULAR VOTES. 309 

POPULAR VOTE FOR PRESIDENT, BY STATES— r-ontinued. 





1800. 


1804. 


1808. 


STATES. 


a 

c 

5 


ca 


"3) 

3 
O 

O 


to 

'£ 
a 
M 

V 


a 

a 

2 


a 
* 

o 


a 

u 


9 
O 

a 

w 

W 




02811 

3701 'J 

10051$ 

12244 

43792 

33808 

3G204t 

.1832! 

2118030 

3S15 

2294 

1929 


2040 

441 

22331 

3291 

19G9 

12776 

3804 
417C0 
74b81 
44900 
popu 
428S0 
0CO58 
09274 
12193 
20204 
25040 

630(5 

4913 
27875 
58372 
20094 
405 

5437 


20093 

25S81 

31372 

*7707 

15522 

68-19 

■•312510 

*(i2801 

10785 

1023 

5900 

10290 

2701 

larvote 

11590 

25051 

11350 

187232 

7025 

3283 

115509 

100215 

13051 

68S01 

5227 

05057 

307 


0308 
2112 
6939 


72278 
30595 

120742 
14343 
41093 
42422 

308720 
C0723 

290389 

8155 

40153 


47730 
3:034 
48745 
8718 
422S8 
13325 

301980 
08011 

270308 
8707 
32739 


70433 
37718 

130379 
12993 
4972C 
44107 

119S83 
79871 

342280 

7015 

30500 


42394 


Now Hampshire 
Massachusetts . 
Rhode Island... 


30571 

59408 

0548 




14041 
218 


4G3S1 
12045 


Now York 


429883 


Now Jorsey 

Pennsylvania... 




82725 


•• ; 178S71 
7337 
42482 
74323 
48539 


313382 
109CO 




02275 












904S8 
62300 
60935 
39500 
90447 
280222 
27911 


85311 




No 






45137 




61889 
63143 
04709 
11405 
22G81 
40797 
12295 

2404 
48831 
31317 
28732 
805 

8543 
47518 

1048 

888 

34334 

748 

500:; 
ISOO. 






102198 


Kentucky 


1304 


27780 


04301 


115889 
01948 


Ohio 


231010 


205154 


205508 


239032 




41358 














13903:; 
172101 


150122 
1894S7 


13023:, 
158349 


170552 
250293 
77300 
95104 
32513 
128500 


1G54S0 




199141 

72086 




17028 


72991 


31020 


7497G 




2S49G 




88480 


85352 


0737O 


97008 




















70409 

80110 

39173 

22O09 

5270 

Admitt 

Includ 

Admitt 


1703 

101 

0817 

02 

1S3 

cd 

od in 
ed 


55111 

G5021 

38510 

11920 

3951 

sines 

Va.in 

sinco 


87331 
79504 
62134 
250G0 

9888 
1 1228 
23223 

9S2G 


492 J) 

03S75 
43841 
17375 
8457 
3871 
10457 
6594 


120399 

109144 

54589 

43500 

8920 

29703 

221 4C 

8027 

9720 


74128 


Kansas 

West Virginia.. 


81GG8 
54081 
28117 

9138 
13408 
12943 

6791 




3429 










Total 


1800452 


590G31 


1375157 


847953 


2213005 


1802237 


3053111 


2714196 













• Fusion ticket. 



310 



POPULAR VOTES. 



POPULAR VOTE FOR PRESIDENT, BY STATES— Continued. 



Alabama 

Arkansas 

California 

Connecticut 

Delaware 

Florida 

Georgia 

Illinois 

Indiana 

Iowa 

Kansas 

Kentucky 

Louisiana 

Maine 

Maryland 

Massachusetts.. . 

Michigan 

Minnesota 

Mississippi 

Missouri 

Nebraska 

Nevada 

New Hampshire 

New Jersey 

New York 

North Carolina.. 

Ohio 

Oregon 

Pennsylvania 

Rhode Island 

South Carolina.. 

Tennessee 

Texas 

Vermont 

Virginia 

West Virginia.... 
Wisconsin 

Total 



1872. 



a 

d . 
3 eS 


u C a> 

o> a u 


9027:2 


79444 


41373 


37927 


54020 


40718 


50638 


45880 


11115 


10206 


17763 


15427 


625.50 


76356 


211914 


184938 


186147 


163632 


131566 


71196 


07018 


32970 


8870(5 


99995 


71663 


57029 


61422 


29087 


66760 


67087 


133472 


59200 


138455 


78355 


55117 


34423 


82175 


47288 


119190 


151434 


18329 


. 7812 


8413 


6236 


37108 


31424 


91050 


704.56 


440736 


387281 


94709 


70094 


28 J 852 


244321 


11819 


7730 


349589 


212041 


13605 


5.329 


72290 


22703 


85055 


94391 


47408 


00540 


414K1 


10927 


93408 


91654 


32315 


29451 


104997 


86477 



.3597132 



2834125 



15 Chas.O'Conor, Straight Democrat, received 29,489 votes, and James 
Black, Temperance, 5,606. 



THE MILITARY GOVERNMENT BILL. 



AN ACT for the More Efficient Government of the Rebel Stales: 

Wuerkas, No legal State government, or adequate protection for 
life, or property, now exists in the rebel States of Virginia, 
North Carolina, South Carolina, Georgia, Alabama, Louisiana, 
Florida, Texas, and Arkansas; and, 
Whereas, It is necessary that peace and good order should bo 
enforced in said States until loyal and republican State gov- 
ernments can be established; therefore, 

Be it enacted, etc., That said rebel States shall be divided into 
military districts, and made subject to the military authority of 
the United States, as hereinafter prescribed; and for that, purpose 
Virginia shall constitute the first district; North Carolina and 
South Carolina the second district; Georgia, Alabama, and Florida 
the third district ; Mississippi and Arkansas the fourth district; 
Louisiana and Texas the fifth district. 

Sec. 2. That it shall be the duty of the President to assign to 
the command of each of said districts an officer of the army, not 
below the rank of brigadier-general, and to detail a sufficient mili- 
tary force to enable such officer to perform his duties and enforce 
his authority within the district to which he is assigned. 

Sec. 3. That it shall be the duty of each officer assigned, as 
aforesaid, to protect all persons in their rights of person and pro- 
perty ; to suppress insurrection, disorder, and violence, and to 
punish, and cause to be punished, all disturbers of the public peace, 
and criminals; and to this end he may allow loyal civil tribunals 
to take jurisdiction of and try offenders; or, when in his judgment 
it may be necessary, for the trial of offenders, he shall have power 
to organize military commissions or tribunals for that purpose; 
and all interference under color of State authority with the exer- 
cise of military authority under this act shall be null and void. 

Sec. 4. That all persons put under military arrest by virtue of 
this act shall be tried without unnecessary delay, and no cruel or 
unusual punishment shall be inflicted, and no sentence of any 
military commission or tribunal, hereby authorized, affecting the 

311 



312 THE MILITARY GOVERNMENT BILL. 

life or liberty of any person, shall be executed until it is approved 
by the officer in command of the district; and the laws and regula- 
tions for the government of the army shall not be affected by this 
act, except in so far as they may conflict with its provisions. 

Sec. 5. That when the people of any one of said rebel States 
shall have formed a constitutional government, in conformity with 
J »he Constitution of the United States in all respects, framed by a 
convention of delegates elected by the persons who may vote upon 
the ratification or rejection thereof, as hereinafter provided ; and 
when said constitution, so framed, shall have been ratified by a 
majority of the male citizens of said State, twenty-one years old 
and upward, of whatever race, color, or previous condition of servi- 
tude, who may have been resident in said State for one year previous 
to the day of voting on the question of ratifying such constitution, 
except such as may be disfranchised for participating in the rebel- 
lion, or for felony at common law ; and when such constitution 
shall provide that the elective franchise shall be enjoyed by all 
such persons that have the qualifications herein stated, and shall 
have been submitted to Congress for examination, and Congress 
shall have approved the same; and when said State, by a vote of 
its legislature elected under said constitution, shall have adopted 
the amendment to the Constitution of the United States, proposed 
by the Thirty-ninth Congress, and known as article fourteen, and 
when said article shall become a part of the Constitution of the 
United States, such State shall be declared entitled to representa- 
tion in Congress, and senators and representatives shall be admitted 
thereupon, on their taking the oath prescribed by the law; and 
then and thereafter the preceding sections of this bill shall be in- 
operative in said State. 

Sec. G, (proposed by Mr. Doolittle,) provides that the penalty of 
death shall not be inflicted by the military power without the 
approval of the President. 

Sec. 7. (Shellabarger s amendment.) That until the people of 
said rebel States shall, by law, be admitted to representation in the 
Congress of the United States, the civil governments that may 
exist, therein shall be deemed provisional only, and shall be in all 
respects subject to the paramount authority of the United States, 
whick may at any time abolish, modify, control, and supersede the 
same, and in all elections to any office under such provisional gov- 
ernments all persons shall be entitled to vote, and none others, 
who are entitled to vote under the provisions of the fifth section 
of this act, and no person shall be eligible to any office under such 
provisional governments who would be disqualified from holding 
office under the provisions of the third article of said Constitutional 
Amendment. 



THE MILITARY GOVERNMENT BILL. 313 



SUPPLEMENT TO THE MILITARY GOVERNMENT BILL.- 

Passsd at the First Session of the Fortieth Congress. 

An Act supplementary to an act entitled, "An act to provide for the 
more efficient government of the rebel States," passed March 
second, eighteen hundred and sixty-seven, and to facilitate 
restoration. 
Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, That before the first day of 
September, eighteen hundred and sixty-seven, the commanding gen- 
eral in each district, denned by an act entitled, "An act to provide 
for the more efficient government of the rebel States," passed March 
second, eighteen hundred and sixty-seven, shall cause a registration 
to be made of the male citizens of the United States, twenty-one 
years of age and upward, resident in each county or parish in the 
State or States included in his district, which registration shall in- 
clude only those persons who are qualified to vote for delegates by 
the act aforesaid, and who shall have taken and subscribed the fol- 
lowing oath or affirmation : " I, , do solemnly swear, (or affirm,) 

in the presence of Almighty God, that I am a citizen of the State of 

; that I have resided in said State for months next 

preceding this day, and now reside in the county of , or the 

parish of , in said State, (as the case may be;) that I am 

twenty-one years old ; that I have not been disfranchised for partici- 
pation in any rebellion or civil war against the United States, nor 
for felouy committed against the laws of any State or of the United 
States; that I have never been a member of any State legislature, 
nor held any executive or judicial office in any State, and afterward 
engaged in insurrection or rebellion against the United States, or 
given aid or comfort to the enemies thereof; that I have never taken 
an oath as a member of Congress of the United States, or as an officer 
of the United States, or as a member of any State legislature, or as 
an executive or judicial officer of any State, to support the Consti- 
tution of the United States, and afterward engaged in insurrection 
or rebellion against the United States, or given aid or comfort to the 
enemies thereof; that I will faithfully support the Constitution and 
obey the laws of the United States, and will, to the best of my ability, 
encourage others so to do, so help me God ;" which oath or affirmation 
may be administered by any registering officer. 

Sec. 2. And be it further enacted, That after the completion of the 

registration hereby provided for in any State, at such time and 

places therein as the commanding general shall appoint and direct, 

of which at least thirty days' public notice shall be given, an election 

27 



314 THE MILITARY GOVERNMENT BILL. 

shalPbc held of delegates to a convention for the purpose of estab- 
lishing a constitution and civil goverument for such State loyal to 
the Union, said convention in each State, except Virginia, to consist 
of the same numher of members as the most numerous branch of the 
Suite legislature of such State in the year eighteen hundred and 
sixty, to be apportioned among the several districts, counties, or 
parishes of such State by the commanding general, giving to each 
representation in the ratio of voters registered as aforesaid as nearly 
as may be. The convention in Virginia shall consist of the same 
number of members as represented the territory now constituting 
Virginia in the most numerous branch of the legislature of said 
State in the year eighteen hundred and sixty, to be apportioned as 
aforesaid; 

Sec. 3. And be it further enacted, That at said election the registered 
voters of each State shall vote for or against a convention to form 
a constitution therefor under this act. Those voting in favor of such 
a convention shall have written or printed on the ballots by which 
they vote for delegates, as aforesaid, the words, "For a convention;" 
and those voting against such a convention shall have written or 
printed on such ballots the words, "Against a convention." The 
persons appointed to superintend said election, and to make return 
of the votes given thereat, as herein provided, shall count and make 
return of the votes given for and against a convention; and the 
commanding general to whom the same shall have been returned 
shall ascertain and declare the total vote in each State for and 
against a convention. If a majority of the votes given on that 
question shall be for a convention, then such convention shall be 
held as hereinafter provided; but if a majority of said votes shall 
be against a convention, then no such convention shall be held under 
this act: Provided, That such convention shall not be held unless a 
majority of all such registered voters shall have voted ou the question 
of holding such convention. 

Sec. 4. And be it further enacted, That the commanding general of 
each district shall appoint as many boards of registration as may 
be necessary, consisting of three loyal officers or persons, to make 
and complete the registration, superintend the election, and make 
return to him of the votes, list of voters, and of the persons elected 
as delegates, by a plurality of the votes cast at said election; and 
upon receiving said returns, he shall open the same, ascertain the 
persons elected as delegates, according to the returns of the officers 
who conducted said election, and make proclamation thereof; and 
if a majority of the votes given on that question shall be for a con- 
vention, the commanding general, within sixty days from the date 
of election, shall uotify the delegates to assemble in convention, at a 
time and place to be mentioned in the notification; and said conven- 
tion, when organized, shall proceed to frame a constitution and civil 
government according to the provisions of this act, and the act to 
which it is •jupplementa'ry ; and when the same shall have been so 



THE MILITARY GOVERNMENT BILL. 315 

framed, said constitution shall be submitted by the convention for 
ratification to the persons registered under the provisions of this 
act, at an election to be conducted by the officers or persons appointed 
or to be appointed by the commanding general, as hereinbefore pro- 
vided, and to be held after the expiration of thirty days from the 
date of notice thereof, to be given by said convention; and the 
returns thereof shall be made to the commanding general of the 
district. 

Sec. 5. And be it further enacted, That if, according to said returns, 
the constitution shall be ratified by a majority of the votes of the 
registered electors qualified as herein specified, cast at said election, 
at least one-half of all the registered voters voting upon the question 
of such ratification, the president of the convention shall transmit a 
copy of the same, duly certified, to the President of the United States, 
who shall forthwith transmit the same to Congress, if then in session, 
and if not in session, then immediately upon its next assembling; 
and if it shall moreover appear to Congress that the election was 
one at which all the registered and qualified electors in the State 
had an opportunity to vote freely and without restraint, fear, or the 
influence of fraud, and if the Congress shall be satisfied that such 
constitution meets the approval of a majority of all the qualified 
electors in the State, and if the said constitution shall be declared 
by Congress to be in conformity with the provisions of the act to 
which this is supplementary, and the other provisions of said act 
shall have been complied with, and the said constitution shall be 
approved by Congress, the State shall be declared entitled to repre- 
sentation, and senators and representatives shall be admitted there- 
from, as therein provided. 

Seo. 6. And be it further enacted, That all elections in the States 
mentioned in the said " Act to provide for the more efficient govern- 
ment. of the rebel States," shall, during the operation of said act, 
be by ballot; and all officers making the said registration of voters 
and conducting said elections shall, before entering upon the dis- 
charge of their duties, take and subscribe the oath prescribed by 
the act approved July second, eighteen hundred and sixty-two, en- 
titled, "An act to prescribe an oath of office:" Provided, That if any 
person shall knowingly and falsely take and subscribe any oath in 
this act prescribed, such person so offending, and being thereof duly 
convicted, shall be subject to the pains, penalties, and disabilities 
which by law are provided for the punishment of the crime of willful 
and corrupt perjury. 

Sec. 7. And be it further enacted, That all expenses incurred by the 
several commanding generals, or by virtue of any orders issued, or 
appointments made, by them, under or by virtue of this act, shall 
be paid out of any moneys in the treasury not otherwise appropri- 
ated. 

Sec. 8. And be it further enactcd,Thn,t the convention for each State 
uhall prescribe the fees, salary, and compensation to be paid to all 



31 6 THK MILITARY UOVKRNMENT BILL. 

delegates and other officers and agents herein authorized or neces- 
sary to carry into effect the purposes of this act not herein otherwise 
provided for, and shall provide for tho levy and collection of such 
taxes on the property in such State as may be necessary to pay the 
same. 

Skc. 9. And be it further enacted, That the word "article," in the 
sixth section of the act to which this is supplementary, shall be 
construed to mean "section." 

SCHUYLER COLFAX, 
Speaker of the House of Representatives. 
B. F. WADE, 
President of the Senate pro tempore. 

After the election which was held early in February, 1808, upon 
the ratification of a new Constitution tor the State of Alabama, the 
law was so amended by Congress that a majority of the votes cast 
(instead of a majority of the registered voters) should be required 
to ratify or reject State constitutions in the seceded States. 



THE AMNESTY ACT AS PASSED AND 
APPROVED. 



Be it enacted, etc, (two thirds of each House concurring 
therein,) That al! legal and political disabilities imposed 
by the third section of tho fourteenth article of the 
amendments of the Constitution of the United States are 
hereby removed from all persons whomsoever, except 
Senators and Representatives of the Thirty-sixth and 
Thirty-seventh Congress, ohHeers in the judicial, military, 
and naval service of the United States, heads of Depart- 
ments, and foreign ministers of the United States. 

Approved May 22, 1872. 



nOMESTEAD LAW. 



Hv act of Oongres-i of May 20. 1862, any person who is the bead of 
a family, or who has arrival a*. .' twenty-one yean or ban 

<• in the army or navy, and " :ited 

shall bare filed his declaration of intention • 
and lias never borne arms against I iment of tl 

-. or given aid arid comfort to i shall, fro . 

January. I , .titled to enter a quarter sectioi 

a ) of unappropriated public land, upon which ho or she ma] 

ption claim, or which if re-em] 'ion. 

at $1.25 per acre; or 80 acres of unappropriated Ian-: per 

acre. In order to make bia or her title good to such land-, how • - 
HlCD person must make affidavit that such application i- made for his 
' -«- ■ • and that said i ade for the 

purpose of actual settlement and cultivation, and not. either di • 
or indirectly, fo 

who::. 1 upon Wing the affidavit, mm of Um 

dollars to the register or receiver, such person shall be allow* 

i: but no certificate or patent land 

until five year- from • . ich entry, and the land must, during 

that time, Ik- improved and not all'- - taken for 

debt;. At any time within two yean after the expira : five 

ry, or, in c a 
wido-.r or heirs, may. on proof by two witi •• has 

cultivated or improved -aid land, has not alienated any part of it. and 

>rne true allegiance to the United Stat 
if at that time a citizen of the United .States. In case of the abandon- 
ment of the lands by tine person au : I iriod 
of more than six months at one time, they revert to the United 

317 





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January, 1875.t 
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Tues. af. 1st Mon. Nov. 

1st Tuesday in Dec. 

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bi 
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March 2, 1861 
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May 26, 1864 


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319 



320 



IMPORTANT STATISTICS. 



WEALTH, LOCAL DEBT, AND TAXATION 

in the several States and Territories, by Census of 1850, 1860, a7id 1870. 



States. 




Total... 
Gr'ndTot'l 



(a) Keturim of taxation at ISfiO incomplete. 
(i>) No retiuuH of taxation at 186(1. 



(0 



IMPORTANT STATISTICS. 



321 



AGRICULTURAL STATISTICS. 



Lands, Productions, etc. 



Farm lands, improved, acres 

Farm lands, woodland, acres a 

Farm lands, other, unimproved, acres. 

Farms, cash value of. 

Farming implem'ts & machinery ,casb val 

Wages, including val. of board during year 

Total (estimated) value of all farm pro- 
ductions, including betterments and 
additions to stock 

Orchard products 

Produce of market gardens 

Forest products 

Value of home manufactures 

Value of animals slaughtered or sold for 
slaughter 

Value of all live stock 

Horses, number of. 

Mules and asses, number of 

Milch cows, number of 

Working oxen, number of. 

Other cattle, number of. 

Sheep, number of. 

Swine, number of. 

Wheat, spring, bushels 

Wheat, winter, bushel* 

Eye, bushels 

Indian corn, bushels 

Oats, bushels 

Barley, bushels 

Buckwheat, bushels 

Bice, pounds 

Tobacco, pounds 

Cotton, bales 

Wool, pounds 

Peas and beans, bushels 

Potatoes, Irish, bushels 

Potatoes, sweet, bushels 

Wine, gallons 

Butter, pounds 

Cheese, pounds 

Milk sold, gallons 

Hay, tons 

Seed, clover, bushels 

Seed, grass, bushels 

Hops, pounds 

Hemp, tons 

Flax, pounds 

Flax-seed, bushels 

Silk cocoons, pounds 

Sugar, cane, hogsheads 

Sugar, sorghum, hogsheads 

Sugar, maple, pounds 

Molasses, cane, gallons 

Molasses, sorghum, gallons 

Mo'lasses, maple, gallons 

Beeswax, pounds 

Bees' honey, pounds 



188,921,099 

159,310,177 

59, i03,765 

19,262,803,801 

8336, 78,429 

8310,286,285 



$2,447,538,658 
847,335,189 
|20,719,229 
836,808,277 
123,423,332 

$398,950,370 

$1,525,276,457 

7,145,370 

1,125,415 

8,9*5,332 

1,319,271 

13,566,005 

28,477,951 

25,134,569 

112,549,733 

175,195,893 

16,918,795 

760,944,549 

282,107,157 

29,761,305 

9,821,721 

73,635,021 

262,735,311 

3,011,996 

100,102,387 

5,746,027 

143,337,473 

21,709,824 

3,092,330 

514,092,683 

53,492,153 

235,500,599 

27,316,048 

639,657 

583,188 

25,450,009 

12,746 

27,133,034 

1,7311,444 

3,937 

87,013 

24 

28,443,645 

6,593,323 

16,050,089 

921,057 

631.129 

14,702,815 



103,110,7211 

j 244,101,81s 

56,645,045,007 
8246,118,141 



119,991,885 
f 16,159,491 



824 ,546,871 

8213,618,692 

81;089,329,915 

6,249,174 

1,151,148 

2,254,911 

14,779,373 

22,471,275 

33,512,86 

| 173,104,924 

21,101,380 
838,792,742 
172,643,185 

15,825,898 

17, .17 1,8 IS 

187,167,032 

434,209,461 

5,387,052 

60,204,913 

15,061,995 
111,148,867 

42,095,026 

1,027,1 '.'2 

459,681,372 

103,063,927 



19,083,890 

956,188 

900,040 

10,991,990 

74,49:; 

4,720,145 

500,807 

11,914 

230,982 



to, 12o,2n:, 
14,961,990 
6,749,12:! 
1,597,589 
1,322,787 
■23,366,357 



113,032,614 

180,528,000 

83,271,575,426 

8151,587,638 



87,723,186 
85,280,030 



127,493,644 

$111,70.1,142 

1544,180,516 

4,3:s0,719 

559,331 

6,385,094 

1,700,744 

9,693,069 

21.72:;,22o 

30,354,213 

100,485,944 

14,188,813 

592,071,104 

146,584,179 

5.167,015 

^'•"»..'>I2 

215,313,497 
199,752,655 

2,469,093 
52,516,959 

9,219,901 
65,797,896 

221 '.249 
313,345,306 
105,535,893 



13,838,642 
468,978 

410,,s31 

3,497.(129 

34,871 

7,709,676 

562,312 

H>,M3 

247,577 



34,253,436 

12,700,896 



U) 



322 



IMPORTANT STATISTICS. 



PUBLIC DEBT. 

Being a statement of outstanding principal of the public debt of the 

United States, on the 1st day of July of each year, from 1857 to 

1875, inclusive. 



1857 $ 28,699,831 85 1867, 



1858.. 



44,911,881 03 
58,496,837 88 
64,842,287 88 
90,580,873 72 
524,176,412 13 



1859 

I860 

1S61 

1802 

1863 1,119,772,138 63 

1864 1,815,784,370 57 

1865 2,680,647,869 74 

1866 2,773,230,173 69 



1868., 
1869.. 
1870.. 
1871.. 
1872.. 
1873.. 
1874.. 
1875.. 



2,678, 
lt,6ll,l 



, i -j,v.i.; 
,690,468 
,284,53] 



(*) 



DEBT OF EACH ADMINISTRATION. 

The public debt at the close of each Administration was: Washington,. first 

term, ending 1793, $811,352,034 in; second term, $82,064,479 33: John Adams, $83,038,- 
050 80; Jefferson, first term, 882,312,150 50 ; second term, $57,023,192 09; Madison, 
first term, $55,962,827 57 ; second term, $123,491,965 16; Monroe, first term, $89,987,- 
427 66; second term, $83,788,432 71; John Quincy Adams, $58,421,413 67; Jackson, 
first term, $7,001,698 83 ; second term, $3,308,124 07; Van Buren, $13,594,480 73; Ty- 
ler, 815, 925,3(13 01 ; Polk, $03,001,858 09; Fillmore, $59,803,117 To; Pierce, $:'S/,',i',i.-:;i .-.,; 
Buchanan, $90,580,873 72; Lincoln, $2,0S0, 047,809 74 ; Johnson, $2,588,152,213 94; 
Giant, first term, ending 1673, $2,234,462,993 20. 

(0 



PUBLIC LANDS. 



ACRES. 

Total number of acres of public lands of the United States, in- 
cluding those disposed of as well as those vet on hand 1,834,998,100.00 

On a n t it. v sold 161,766,426.46 

Entered under the homestead lawsof 1800, 1804, & 1606. 20,500,216.69 

Granted for military services 62,115,202.03 

Granted for agricult ura! colleges: 

Selected in place 1,401,157.01 

Located with scrip 6,175,431.35 

Approved under grants in aid of railroads 26,027,673.52 

Approved swamp selections (given to the States) 48,775,990.05 

Quantity granted to the States and Territories for in- 
terna] improvements 12,403,054.43 

Donations and grants lor schools 67,983,922.00 

Donations and grants for universities 1,082,880.00 

Located with Indian scrip 732,165.21 

l.oe ited with floal scrip under acl of ilarrh 17, 1862.... 15,296.24 

Estimated quantity granted for wagon-roads 3,857,213.00 

Quantity granted for ship-canal 1,450,000.00 

Salines 514,485.00 

Seats of government and public buildings 146,860.00 

Granted to individuals and companies 2,482,861.32 

Granted for deaf and dumbasylums 44,971.11 

Reserved for benefit of Indians 13,280,699.94 

Rei et ved for companies, individuals, and corporations 8,95 . 

Confirmed private land claims 18,696,947.62 

Total disposed of 458,468,837.36 

Remaining unsold and unappropriated June 30, 1870 1,370,529,502.04 

O) 



IMPORTANT STATISTICS. 



323 



REVENUES OF THE GOVERNMENT 

For each fiscal year (ending June oO) from each source since 185i). 





1S60. 


1861. 


1862. 


181 3. 




$:>.", 187,511 87 


$39,582,125 64 


149,056,397 62 


$69,059,642 10 












1,795,331 73 
152,203 77 


,1,48 i,103 61 




l,77.s,.W 71 
1,088,530 25 


870,658 54 
1,023,515 31 


167,617 17 


Miscellaneo's sources 


3,741,794 38 


Totals 


|56,054,599 83 


$41,476,299 49 


$51,919,261 08 


$112,094,945 51 






• 


1864. 


1865. 


1866. 


1867. 




1102,316,152 99 

109,741,134 10 

475,648 96 

588,333 29 

30,291,701 86 


$ 84,928,260 60 

209,464,215 25 

1,200,573 03 

996,553 31 

25,441,556 00 


$179,0.46,651 58 
309,2 ' 

1,9 n, 751 12 

665,031 03 

29,036,314 23 


$176,417,810 88 




266,027,537 13 
4,200,233 7(1 




1,163,575 76 


miscellaneo's sources 


15,037,522 15 




$243,412,971 20 


$322,031,158 Id 


$319,949,561 38 


$462,846,679 92 






1868. 


1869. 


1870. 


1871. 




1164,464,599 r,c, 

191,087,589 41 

1,788,145 85 

1,348,715 41 

17,745,403 59 


$180,048,426 63 

158,356,460 86 

765,685 16 

4,020,:! 11 34 

13,997,338 65 


$194,538574 44 
184,899,750 49 

3,350,481 7i". 
12,942,118 30 


$206,270,408 05 

143,098,153 63 

580,355 37 


Direct taxes 


Public lands 


2,3 18,646 68 


Miscellaneo's sources 


22,093,541 21 


Totals 


$376,434,453 82 


$357,188,255 64 


$395,959,833 87 


$374,431,101 94 









1872. 


1873. 


1874. 




$216,370,286 77 
130,642,177 72 


$188,089,522 70 

113,729,314 11 

315.2.M 51 

2,882,312 38 

17,161,270 05 


$163,103,833 69 




102,409,781 90 






2,575,714 19 
15,106,05] 23 


].;;.;'• 4 .;: ; :' 




32,575,1143 32 








$361,694,229 91 


$322, 177,673 78 


$299,941,090 84 







(») 



324 IMPORTANT STATISTICS. 

EXPENDITURES OF THE GOVERNMENT 

For each fiscal year (ending June 30) since 1859. 





1860. 


1861. 


1862. 


1863. 


Civil list 


(6,148,655 41 
1,163,207 15 
11,514,649 83 

16,472,202 72 
1,100,802 32 
2,991,121 54 

20,666,115 74 


$6,156,199 25 
1,142,973 41 

12,387,156 52 

23,001,530 67 
1,034,599 73 
2,865,481 17 

16,028,1 15 03 


$5,939,009 29 

1,339,710 35 

42,640,353 09 

389,173,562 29 

852,170 47 

2,327,948 37 

14,107,142 95 


$6 ,350, 6 18 78 
1,231,413 06 

63,261,235 31 

603,314,411 82 

1,078,513 36 

3,152,032 70 

15,616,350 53 


Foreign intercourse.. 
Navy Department 








Totals 


?60,056,754 71 


§62,616,055 78 


$456,379,896 81 


$694,004,575 56 






§3,144,120 94 


14,034,157 30 


$13,190,344 84 


$24,729,700 62 



* 


1864. 


1865. 


1866. 


1867. 


Civil list 


$8,059,177 23 
1,290,691 92 

85, 704,963 74 

690,391,048 66 

4,985,473 90 

2,629,975 97 

18,222,3 17 72 


$10,833,944 87 
1,260,818 08 

122,617,434 07 

1,030,690,4(111 06 

16,347,621 34 

5,059,360 71 

30,894,620 15 


$12,287,828 55 
1,338,388 18 
43,363,654 17 
286,776,456 13 
15,615,287 75 
3,349,015 93 
27.705,666 96 


$15,585,489 53 
1,548,589 26 
•3rj034,011 04 
95,224,415 63 
20,936,551 71 
4,642,531 77 


Foreign intercourse.. 






33,976,144 91 








{811,283,679 14 


$1,217,704,199 28 


$390,436,297 67 








Int. on public debt.... 


$53,685,421 69 


$77,395,090 30 


$133,070,513 39 


$143,781,591 91 





1868. 


1869. 


1870. 


1871. 


Civil list 


$11,950,156 58 
1,441,344 05 
25,775,502 72 
123,236,648 62 
23,782,386 78 
4,100,6S2 32 
39,618,367 IH 


$12,443,712 07 
8,365,416 77 
20,000,75" 97 

78,501.990 61 
28,476,621 78 
7,042,923 06 
35,664,932 69 


$19,031,283 56 
1,4911,776 25 
21,780,229 87 
57,655,675 40 
28,340,202 17 
3,407.938 15 
32,715,401 75 


$18,760,779 46 


Foreign intercourse.. 


1.604,373 87 
19,431,027 21 
35,799.991 82 
34,443,894 88 

7,426,997 44 






40,116,762 90 




Totals 


$229,915, oss 11 


$190,496,354 <X> 


$161,421,507 15 


$157,583,827 58 




Int. on public debt.... 


$140,424,045 71 


$130,694,242 80 


$129,235,498 00 


$125,576,565 93 





1872. 


1873. 


1874. 


Civil list 


116,187,059 20 
1,839,369 II 
21,249.809 99 
35,372,157 20 

28.533.102 76 
7,061,728 82 
42,958,329 08 


$19,348,521 01 
1,571.362 85 
23,526,256 79 
46,323,138 31 
29,359,426 86 
7,951,704 88 
52,408,226 20 


$17,627,115 09 

1,508,064 27 






30,932,587 42 




42,303,927 22 




29,038,414 66 


Indians 






85,141,593 61 






Totals 


$153,201,856 19 


1180,488,636 90 


$213,254,164 36 








$117,357,839 72 


$104,750,688 44 


$107,119,815 21 







(«) 



IMPORTANT STATISTICS, 



MANUFACTURES. 

Total value, gross productions, at the Censuses 
o/1850, 1860, and 1870. 



States, etc. 



Alabama 

Arizona 

Arkansas 

California 

Colorad 

Connecticut ... 

Dakota 

Delaware 

Dist. of Col 

Florida 

Georgia 

Idaho 

Illinois 

Indiana 

Iowa 

Kansas 

Kentucky 

Louisiana 

Maine 

Man land 

Massachusetts 

Michigan 

Minnesota 

Mississippi 

Missouri 

Montana 

Nebraska 

Nevada 

N. Hampshire 
New Jersey..., 
New Mexico., 

New York 

N ih ; irclina 

Ohio 

Oregon 

Pennsylvania 
Rhode Island. 
S'th Carolina. 

Tennessee 

Texas 

Utah 

Vermont 

Virginia 

West Virginii 
Washington.. 

Wisconsin 

Wyoming 



|10,588,566 



2,880,576 
68,253,328 



81,924, 



9,892,902 
5,412,102 
2,447,969 
16,925,564 



57,580,886 

42,803,469 

13,971,32 

4,357,40; 

37,931,241 

15,587,473 

3S,193,254 

41,735,1J~ 

255,545,92 

32,658,356 

3,373,172 

6,590,68' 

41,782,73 



607,328 

76,306,104 

1,249,123 

378,87(1,939 

16,678,698 

121,691,148 

2,97li,761 

290,121,188 

40,711,291 

8,615,19; 

17,1*87,22: 

6,577,20! 

900,15: 

U,637,S07 

50,652,124 

1,406,921 
27,849,467 



$4,528,876 

:".:',7.'.'II,S 



,272 
i,423 
,783 



,7io,: 

1,043,1 



23, 

3y,, 

237, 



..Ml.", 
,256 



.910 
,688 
',477 
.,608 
1,538 
.220 
1,920 



Aggregate*.. $4,305,932,032 $1,885,861,676 $1,019,106,016 



* Increase : 1S60 over 1850, 85 per cent.; 1S70 over I860, 
128 per cent.; 1870 over 1800, 323 per cent. 



(9) 





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326 



IMPORTANT STATISTICS. 



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IMPORTANT STATISTICS. 



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1,717.309 
3,947,330 
2,954,34] 
2,312,486 
5,687,527 
9,297,921 


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3,513,151 
748,410 
189,955 
7,309,24] 
3,027,591 
6,161,488 


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1,893,900 
938,100 

920,0111 
3,557,700 
2,938,200 
7,557,900 

29.H98, SOU 


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i.3 



THE CIVIL RIGHTS BI 



An Act to protect all persons in the United Static in their civil 
rights, and furnish the means of their vindication. 

Be it enacted, $c, That all persons born in the United States and 
not subject to any foreign power, excluding Indians, not taxed, are 
hereby declared to be citizens of the United States; and such 
citizens of every race and color, without regard to any previous 
condition of slavery or involuntary servitude, except as a punish- 
ment for crime whereof the party shall have been duly convicted, 
shall have the same right in every State and Territory in the 
United States to make and enforce contracts; to sue, be parties, 
and give evidence ; to inherit, purchase, lease, sell, hold, and con- 
vey real and personal property; and to full and equal benefit of 
all laws and proceedings for the security of person and property 
as is enjoyed by white citizens, and shall be subject to like punish- 
ment, pains, and penalties, and to none other, any law, statute 
ordinance, regulation, or custom, to the contrary notwithstanding. 

Sec. 2. That any person who, under color of any law, statute, 
ordinance, regulation, or custom, shall subject, or cause to be sub- 
jected, any inhabitant of any State or Territory to the deprivation 
of any right secured or protected by this act, or to different pun- 
ishment, pains, or penalties on account of such person having at 
any time been held in a condition of slavery or involuntary servi- 
tude, except as a punishment for crime whereof the party shall 
have been duly convicted, or by reason of his color or race, than is 
prescribed for the punishment of white persons, shall be deemed 
guilty of a misdemeanor, and, on conviction, shall be punished by 
fine not exceeding one thousand dollars, or imprisonment not ex- 
ceeding one year, or both, in the discretion of the court. 

Sec. 3. That the district courts of the United States, within 
their respective districts, shall have, exclusively of the courts of 
the several States, cognizance of all crimes and offences committed 
against the provisions of this act, and also, concurrently with the 
circuit courts of the United States, of all causes, civil and crimi- 
nal, affecting persons who are denied or cannot enforce in the 
courts or judicial tribunals of the State or locality where they may 
be any of the rights secured to them by ^ie first section of this 
act; and if any suit or prosecution, civil or criminal, has been or 
328 



THE CIVIL RIGHTS BILL. 329 

shall be commenced in any State court against any such person, 
for any cause whatsoever, or against any officer, civil or military, 
or other person, for any arrest or imprisonment, trespasses, or 
wrongs done or committed by virtue or under color of authority 
derived from this act or the act establishing a bureau for the relief 
of freedmeu and refugees, and all acts amendatory thereof, or for 
refusing to do any act upon the ground that it would be inconsist- 
ent with this act, such defendant shall have the right to remove 
euch cause for trial to the proper district or circuit court in the 
manner prescribed by the "Act relating to habeas corpus and regu- 
lating judicial proceedings in certain cases," approved March 
three, eighteen hundred and sixty-three, and all acts amendatory 
thereof. The jurisdiction in civil and criminal matters hereby 
conferred on the district and circuit courts of the United States 
shall be exercised and enforced in conformity with the laws of the 
United States, so far as such laws are suitable to carry the same 
into effect; but in all cases where such laws are not adapted to the 
object, or are deficient in the provisions necessary to furnish suit- 
able remedies and punish offences against law, the common law, as 
modified and changed by the constitution and statutes of the State 
wherein the court having jurisdiction of the cause, civil or criminal, 
is held, so far as the same is not inconsistent with the Constitution 
and laws of the United States, shall be extended to and govern 
said courts in the trial and disposition of such cause, and, if of a 
criminal nature, in the infliction of punishment on the party found 
guilty. 

Sec. 4. That the district attorneys, marshals, and deputy mar- 
shals of the United States, the commissioners appointed by the 
circuit court and territorial courts of the United States, with 
power of arresting, imprisoning, or bailing offenders against the 
laws of the United States, the officers and agents of the Freetlmen's 
Bureau, and every other officer who may be specially empowered by 
the President of the United States, shall be, and they are hereby, 
specially authorized and required, at the expense of the United 
States, to institute proceedings against all and every person who 
shall violate the provisions of this act, and cause him or them to 
be arrested and imprisoned, or bailed, as the case may be, for trial 
before such court of the United States or territorial court as by this 
act has cognizance of the offence. And with a view to affording 
reasonable protection to all persons in their constitutional rights 
of equality before the law, without distinction of race or color, or 
previous condition of slavery or involuntary servitude, except as a 
punishment for crime, whereof the party shall have been duly con- 
victed, and to the prompt discharge of the duties of this act, it 
shall be the duty of the circuit courts of the United States and the 
superior courts of the Territories of the United States, from time 
to time, to inci-ease the number of commissioners, so as to afford 3 
speedy and convenient means for the arrest and examination of 
28 



330 TIIE CIVIL RIGHTS BILL. 

persons charged with a violation of this act. And such commis- 
sioners are hereby authorized and required to exercise and dis- 
charge all the powers and duties conferred oh them by this act, 
and the same duties with regard to offences created by this act, as 
they are authorized by law to exercise with regard to other offences 
against the laws of the United States. 

Sec. 5. That it shall be the duty of all marshals and deputy 
marshals to obey and execute all warrants and precepts issued 
under the provisions of this act, when to them directed ; and should 
any marshal or deputy marshal refuse to receive such warrant or 
other process when tendered, or to use all proper means diligently 
to execute the same, he shall, on conviction thereof, be fined in the 
sum of one thousand dollars, to the use of the person upon whom 
the accused is alleged to have committed the oifence. And the 
better to enable the said commissioners to execute their duties 
faithfully and efficiently, in conformity with the Constitution of 
the United States and the requirements of this act, they are hereby 
authorized and empowered, within their counties respectively, to 
appoint, in writing, under their hands, any one or more suitable 
persons, from time to time, to execute all such warrants and other 
process that may be issued by them in the lawful performance of 
their respective duties; and the persons so appointed to execute 
any warrant or process as aforesaid shall have authority to sum- 
mon and call to their aid the bystanders or the posse comilatus of. 
the proper county, or such portionxif the land and naval forces of 
the United States, or of the militia, as may be necessary to -the 
performance of the duty with which they are charged, and to 
insure a faithful observance of the clause of the Constitution which 
prohibits slavery, in conformity with the provisions of this act; 
and said warrants shall run and be executed by said officers any- 
where in the State or Territory within which they are issued. 

Sec. 6. That any person who shall knowingly and wilfully 
obstruct, hinder or prevent any officer, or other person charged 
with the execution of any warrant or process issued under the 
provisions of this act, or any person or persons lawfully assisting 
him or them, from arresting any person for whose apprehension 
such warrant or process may have been issued, or shall rescue or 
attempt to rescue such person from the custody of the officer, other 
person or persons, or those lawfully assisting as aforesaid, when so 
arrested pursuant to the authority herein given and declared, or 
shall aid, abet, or assist any person so arresttd as aforesaid, 
directly or indirectly, to escape from the custody of the officer or 
other person legally authorized as aforesaid, or shall harbor or 
conceal any person for whose arrest a warrant or process shall 
have been issued as aforesaid, so as to prevent his discovery and 
arrest after notice or knowledge of the fact that a warrant has 
been issued for the apprehension of such person, shall, for either 
of said offences, be subject to a fine not exceeding one thousand 



THE CIVIL RIOIITS BILL. 331 

dollars, nnd imprisonment not exceeding six months, by IncJicfmeut 
anil conviction before the district court of the United States for 
the district in which said offence may have been committed, or 
before the proper court of criminal jurisdiction, if committed 
within any one of the organized Territories of the United States. 

Sec. 7. That the district attorneys, the marshals, their deputies, 
and the clerks of the said district and territorial courts shall be 
paid for their services the like fees as may be allowed to them for 
similar services in other cases ; and in all cases where the pro- 
ceedings are boforc a commissioner, he shall be entitled to a fee of 
ten dollars in full for his services in each case, inclusive of all 
services incident, to such arrest and examination. The person or 
persons authorized to execute the process to be issued by such 
commissioners for the arrest of offenders against the provisions of 
this act shall be entitled to a fee of five dollars for each person he 
or they may arrest and take before any such commissioner as 
aforesaid, with such other fees as may be deemed reasonable by 
such commissioner for such other additional services as may be 
necessarily performed by him or them, such as attending at the 
examination, keeping the prisoner in custody, and providing him 
with food and lodging during his detention, and until the final 
determination of such commissioner, and in general for performing 
such other duties as may be required in the premises; such fees to 
be made up in conformity with the fees usually charged by the 
officers of the courts of justice within the proper district or county, 
as near as may be practicable, and paid out of the treasury of the 
United States on the certificate of the judge of the district within 
which the arrest is made, and to be recoverable from the defendant 
as part of the judgment in case of conviction. 

Sec. 8. That whenever the President of the United States shall 
have reason to believe that offences have been, or are likely to be 
committed against the provisions of this act within any judicial 
district, it shall be lawful for him, in his discretion, to direct the 
judge, marshal, and district attorney of such district to attend at 
such place within the district, and for such time as he may desig- 
nate, for the purpose of the more speedy arrest and trial of persons 
charged with a violation of this act; and it shall be the duty of 
every judge or other officer, when any such requisition shall be 
received by him, to attend at the place and for the time therein 
designated. 

Sec. 9. That it shall be lawful for the President of the United 
States, or such person as he may empower for that purpose, to 
employ such part of the land or naval forces of the United States, 
or of the militia, as shall be necessary to prevent the violation and 
enforce the due execution of this act. 

Sec. 10 That upon all questions of law arising in any cause 
under the provisions of this act, a final appeal may be taken to the 
Supreme Court of the United States. 

The Bill passed in the Senate over the President's veto by the 
vote of 33 yeas to 15 nays, and in the House by 122 yeas to 41 
nays. 



THE TENDRE-OF-OFFICE BILL. 

(PASSED MARCH 2, 1867.) 



Be it enacted by the Senate and House of Representatives of the United 
States of America in Coyigress assembled, That every person holding 
any civil office to which he has been appointed by and with the 
advice and consent of the Senate, and every person who shall here- 
after be appointed to any such office, and shall become duly quali- 
fied to act therein, is, and shall be entitled to hold such office until 
a successor shall, in like manner, have been appointed and duly 
qualified, except as herein otherwise provided: Provided, That the 
Secretaries of State, of the Treasury, of War, of the Navy, and of 
the Interior, the Postmaster-General, and the Attorney-General 
shall hold their offices respectively for and during the term of the 
President by whom they may have been ippointed, and for one 
month thereafter, subject to removal by and with the advice and 
consent of the Senate. 

Sec. 2. That when any officer, appointed as aforesaid, excepting 
Judges of the United States Courts, shall, during a recess of the 
Senate, be shown, by evidence satisfactory to the President to be 
guilty of misconduct in office, or crime, or for any reason shall be- 
come incapable or legally disqualified to perform its duties, in such 
case, and in no other, the President may suspend such officer and 
designate some suitable person to perform temporarily the duties 
of such office until the next meeting of the Senate, and until the 
case shall be acted upon by the Senate, and such person so de- 
signated, shall take the oaths and give the bonds required by law 
to be taken and given by the person duly appointed to fill such 
office, and in such case it shall be the duty of the President, 
within twenty days after the first day of such next meeting of the 
Senate, to report to the Senate such suspension with the evidence 
and reasons tor his actions in the case, and the name of the person 
so designated to perform the duties of such office. And if the 
Senate shall concur in such suspension, and advise and consent to 
the removal of such officer, they shall so certify to the President, 
who may thereupon remove such officer, and by and with the advice 
and consent of the Senate, appoint another person to such office. 
But if the Senate shall refuse to concur in such suspension, such 
officer so suspended shall forthwith resume the functions of his 
office, and the powers of the person so performing its duties in his 
stead shall cease, and the official salary and emoluments of such 
officer shall, during such suspension, belong to the person so per- 
332 



THE TENURE-0F-0FF1CE BILL. 



333 



forming the duties thereof, and not to the officer so suspended: 
Provided, however, That the President in case lie shall become satis- 
fied that such suspension was made on insufficient grounds shall 
be authorized at any time before reporting such suspension to the 
Senate, as above provided, to revoke such suspension and reinstate 
such officer in the performance of the duties of his office. 

Sec. 3. That the President shall have power to fill all vacancies 
which may happen during the recess of the Senate by reason of 
death or resignation, by granting commissions which shall expire 
at the end of their next session thereafter. And if no appointment 
by and with the advice and consent of the Senate shall be made to 
such office so vacant or temporarily filled as aforesaid, during such 
next session of the Senate, such office shall remain in abeyance 
without any salary, fees, or emoluments attached thereto until the 
same shall be filled by appointment thereto by and with the advice 
and consent of the Senate, and during such time all the powers 
and duties belonging to such office shall be exercised by such other 
officer as may by law exercise such powers and duties in case of a 
vacancy in such office. 

Sec. 4. That nothing in this act contained shall be construed to 
extend the term of any office, the duration of which is limited by 
law. 

Sec. 5. That if any person shall, contrary to the provisions of 
this act, accept any appointment to, or employment in, any office, 
or shall hold or exercise, or attempt to hold or exercise any such 
office or employment, he shall be deemed, and is hereby declared 
to be guilty of a high misdemeanor, and upon trial and conviction 
thereof, he shall be punished therefor by a fine not exceeding ten 
thousand dollars, or by imprisonment not exceeding five years, or 
both said punishments, in the discretion of the court. 

Sec. ti. That every removal, appointment, or employment made, 
had, or exercised contrary to the provisions of tliis act, and the 
making, signing, sealing, countersigning, or issuing of any com- 
mission or letter of authority for or in respect to any such appoint- 
ment or employment, shall be deemed and are hereby declared to 
be high misdemeanors, and upon trial and conviction thereof, every 
person guilty thereof shall be punished by a fine not exceeding ten 
thousand dollars, or by imprisonment not exceeding five years, or 
both said punishments in the discretion of the court: Provided, That 
the President shall have power to make out and deliver after the 
adjournment of the Senate, commissions for all officers whose ap 
pointments shall have been advised and consented to by the 
Senate. 

Sec 7. That it shall be the duty of the Secretary of the Senate, 
at the close of each session thereof, to deliver to the Secretary of 
the Treasury, and to each of his assistants, and to each of the 
auditors, and to each of the comptrollers in the treasury, and to 
the treasurer and to the register of the treasury, a full and com- 



334: TDK TENURE-OF-OFFICE BILL. 

plete list, duly certified, of all the persons who shall have been 
nominated to and rejected by the Senate during such session, and 
a like list of all the offices to which nominations shall have been 
made and not confirmed and filled at sucli session. 

Sec. 8. That whenever the President shall, without the advice 
and consent of the Senate, designate, authorize, or employ any per- 
son to perform the duties of any office, he shall forthwith notify 
the Secretary of the Treasury thereof, and it shall be the duty of 
the Secretary of the Treasury thereupon to communicate such no- 
tice to all the proper accounting and disbursing officers of his 
department. 

Se-c. 9. That no money shall be paid or received from the Treas- 
ury, or paid or received from or retained out of any public moneys 
or funds of the United States, whether in the Treasury or not to 
or by or for the benefit of any person appointed to or authorized 
to act in or holding or exercising the duties or functions of any 
office contrary to the provisions of this act, nor shall any claim, 
account, voucher, order, certificate, warrant, or other instrument 
providing for or relating to such payment, receiptor retention, be 
presented, passed, allowed, approved, certified, or paid by any 
officer of the United States or by any person exercising the func- 
tions or performing the duties of any office or place of trust under 
the United States for or in respect to such office or the exercising 
or performing the functions or duties thereof; and every person 
who shall violate any of the provisions of this section, shall be 
guilty of a high misdemeanor, and upon trial and conviction 
thereof, shall be punished therefor by a fine not exceeding ten 
thousand doll." 1 ^. or by imprisonment not exceeding ten years, oi 
both said punishments in the discretion of the court. 



PLATFORMS OF 1860-1864. 



PLATFORM OF THE BRECKINRIDGE PARTY OF 1860. 

Resolved, That the platform adopted by the Democratic party 
at Cincinnati be affirmed, with the following explanatory reso- 
lutions : 

1. That the government of a territory organized by an act of 
Congress is provisional and temporary, and during its existence 
all citizens of the United States have an equal right to settle 
with their property in the territory, without their rights, either 
in person or property, being destroyed by congressional or ter- 
ritorial legislation. 

2. That it is the duty of the Federal Government, in all its 
departments, to protect the rights of persons and property in 
the territories, and wherever else its constitutional authority 
extends. * 

3. That when the settlers in a territory, having an adequate 
population, form a State Constitution, the right of sovereignty 
commences, and being consummated by their admission into 
the Union, they stand on an equality with the people of other 
States, and a State thus organized ought to be admitted into the 
Federal Union, whether its constitution prohibits or recognizes 
the institution of slavery. 

-4. That the Democratic party are in favor of the acquisition 
of Cuba, on such terms as shall be honorable to ourselves and 
just to Spain, at the earliest practicable moment. 

5. That the enactments of State Legislatures to defeat the 
faithful execution of the Fugitive Slave Law are hostile in 
character, subversive of the Constitution, and revolutionary in 
tli eir effect. 

6. That the Democracy of the United States recognize it as 
an imperative duty of the government to protect the naturalized 
citizen in all his rights, whether at home or in foreign lands, to 
the same exte.nt as its native born citizens. 

Whereas, One of the greatest necessities of the age, in a 
political, commercial, postal, and military point of view, is a 
speedy communication between the Pacific and Atlantic coasts; 
therefore, be it resolved, 

335 



336 PLATFORMS OF 1860-1864. 

7. That the National Democratic party do herehy pledge them- 
selves to use every means in their power to secure the passage 
of some bill, to the extent of the Constitutional authority by 
Congress, for the construction of a railroad to the Pacific Ocean, 
at the earliest practicable moment. 



PLATFORM OF THE DOUGLAS PARTY OF 1860. 

Resolved, That we, the Democracy of the Union in Conven- 
tion assembled, hereby declare our affirmation of the resolutions 
unanimiously adopted and declared as a platform of principles 
by the Democratic Convention at Cincinnati, in the year 1856, 
believing that Democratic principles are unchangable in their 
nature when applied to the same subject matter, and we recom- 
mend as our only further resolutions the following: 

That inasmuch as differences of opinion exist in the Demo- 
cratic party as to the nature and extent of the powers of a Ter- 
ritorial Legislature, and as to the powers and duties of Con- 
gress, under the Constitution of the United States, over the 
institution of slavery in the territories; 

Resolved, That the Democratic party will abide by the decis- 
ion of the Supreme Court of the United States over the institu- 
tion of slavery in the territories. 

Resolved, That it is the duty of the United States to afford 
ample and complete protection to all its citizens, at home or 
abroad, and whether native or foreign born. 

Resolved, That one of the necessities of the age, in a military, 
commercial, and postal point of view, is a speedy communication 
between the Atlantic and Pacific States, and the Democratic 
party pledge such constitutional enactment as will insure the 
construction of a railroad to the Pacific coast at the earliest 
practical period. 

Resolved, That the Democratic party are in favor of the ac- 
quisition of the Island of Cuba, on such terms as shall be hon- 
orable to ourselves and just to Spain. 

Resolved, That the enactments of State Legislatures to defeat 
the faithful execution of the Fugitive Slave Law are hostile in 
character, subversive to the Constitution, and revolutionary in 
their effect. 

Resolved, That it is in accordance with the Cincinnati Plat- 
form, that during the existence of Territorial Governments, the 
measure of restriction, whatevep it may be, imposed by the Fed 
era] Constitution on the power of the Territorial Legislature 
over the subject of the domestic relations, as the same has been 
or shall hereafter be decided by the Supreme Court of the Uni- 
ted States, should be respected by all good citizens, and enforced 



PLATFORMS OF 1860-1864. 337 

with promptness and fidelity by every branch of the General 
Government 

THE REPUBLICAN PLATFORM OF 1860. 

Resolved, That we, the delegated representatives of the Re- 
publican electors of the United States, in Convention a-ssembled, 
in the discharge of the duty we owe to our constituents and our 
country, unite in the following resolutions: 

1. That the history of the nation during the last four years 
has fu,ly established the propriety and necessity of the organi- 
sation and perpetuation of the Republican party, and that the 
causes which called it into existence are permanent in their 
nature, and now, more than ever, demand its peaceful and con- 
stitutional triumph. 

2. That the maintenance of the principles promulgated in 
the Declaration of Independence, and embodied in the Federal 
Constitution, that "all men are created equal; that they are 
endowed by their Creator with certain inalienable rights, among 
which are those of life, liberty and the pursuit of happiness, 
and that Governments are instituted among men to secure the 
enjoyment of these rights, deriving their just power from the 
consent of the governed" — are essential to the preservation of 
our republican institutions, and that the Federal Constitution, 
the rights of the States, and the union of the States, must and 
shall be preserved. 

3. That to the union of the States this nation owes its unpre- 
cedented increase in population, its surprising developments of 
material resources; its rapid augmentation of wealth; its hap- 
piness at home and its honor abroad ; and we hold in abhor- 
rence all schemes for disunion, come from whatever source they 
may; and we congratulate the country that no Republican mem- 
ber of Congress has uttered or countenanced the threats of dis- 
union as often made by the Democratic members of Congress, 
without rebuke and with applause from their political associates; 
and we denounce those threats of disunion in case of a popular 
overthrow of their ascendency, as denying the vital principles 
of a free Government, and as anavowalof contemplated treason 
which it is the imperative duty of an indignant people sternly 
to rebuke and forever silence. 

4. That the maintenance inviolate, of the rights of the States, 
and especially of each State, to order and control its own do- 
mestic institutions according to its own judgment exclusively, 
is essential to that balance of power on which the perfection 
and endurance of our nolitical fabric depends ; and we denounce 
the lawless invasion by armed toroe of the soil of any State ox 

29 



338 PLATFORMS OF 18C0-1864. 

Territory, no matter under what pretext, as one of the gravest 
of crimes. 

5. That the present Democratic Administration has far ex- 
ceeded our worst apprehensions in the measureless subserviency 
to the exactions of a sectional interest, as especially evinced in 
its desperate exertions to force the infamous Lecompton Consti 
tution upon the protesting people of Kansas, construing the 
relation between master and servant to involve an unqualified 
property in persons; in its attempted enforcement everywhere, 
on land and sea, through the intervention of Congress and of 
the Federal Courts, of the extreme pretensions of a purely local 
interest; and in its general and unvarying abuse of the power 
entrusted to it by a confiding people. 

6. That the people justly view with alarm the reckless ex- 
travagance which pervades every department of the Federal 
Government. That a return to right economy and accounta- 
bility is indispensible to arrest the plunder of the public treas- 
ury by favored partisans, while the recentstartling developments 
of frauds and corruption at the Federal metropolis show that 
an entire change of administration is imperatively demanded. 

7. That the new dogma that the Constitution of its own force 
carries slavery into any or all the Territories of the United 
States, in' a dangerous political heresy, at variance with the ex- 
plicit provisions of that instrument itself, with cotemporaneous 
exposition, and with legislative and judicial precedents, that it 
is revolutionary in its tendency and subversive of the poace and 
lwirniony of the country. 

8. That the nominal condition of all the territory of the 
United States is thatof freedom; that as our Republican fathers, 
when they had abolished slavery in all our national territory, 
ordained that no person should be deprived of life, liberty or 

f>roperty without due process of law, it becomes our duty by 
egislation, whenever such legislation is necessary, to maintain 
this provision of the Constitution against all attempts to violate 
it; and we deny the authority of Congress, or a Territorial 
Legislature, or of any individual, to give legal existence to 
elavery in any Territory of the United States. 

9. That we brand the recent re-opening of the African Slave 
Trade, under the cover of our national flag, aided by perversions 
of judicial power, as a crime against humanity, and a burning 
shame to our country and age; and we call upon Congress to 
take prompt and efficient measures for the total and final sup- 
pression of that execrable traffic. 

10. That in the recent vetoes by their Federal Governors of 
the acts of the Legislatures of Kansas and Nebraska, prohibit 
ing slavery in these Territories, we find a practical illustration 
. f the boasted Democratic principles of non-intervention an J 



platforms of 18G0-1864. 339 

Popular Sovereignty, embodied in tho Kansas-Nebraska bill, 
and a demonstration of the deception and fraud involved 
therein. 

11. That Kansas should, of right, be immediately admitted aa 
a State under the Constitution recently formed and adopted by 
her people, and accepted by the Mouse of Representatives. 

12. That while providing revenue lor the support of the Gen- 
eral Government, by duties upon imports, sound policy requires 
such an adjustment of these imports as to encourage the devel- 
opment of the industrial interests of the whole country, and we 
commend that policy of National Exchange which secures to 
tho working men liberal wages, agriculture remunerative prices, 
to merchants and manufacturers an adequate reward for their 
skill, labor and enterprise, and to the nation commercial pros- 
perity and independence. 

13. That we protest against any sale or alienation to others 
of the public lands held by actual settlers, and against any view 
of the free homestead policy, which regards the settlers as 
paupers or suppliants for public bounty, and we demand the 
passage by Congress of the complete and satisfactory homestead 
measure which has already passed the House. 

14. That the National Republican party is opposed to any 
change in our naturalization laws, or any State Legislation, by 
which the rights of citizenship hitherto accorded to immigrants 
from foreign lands shall be abridged or impaired, and in favor 
of giving a full and efficient protection to the rights of all classes 
of citizens, whether native or naturalized, both at home and 
abroad. 

15. That appropriations by Congress for river and harbor im- 
provements of a national character, is required for the accommo- 
dation and security of an existing commerce, or authorized by 
the Constitution and justified by the obligation of the Govern- 
ment to protect the lives and property of its citizens. 

16. That a railroad to the Pacific ocean is imperatively de- 
manded by the interests of the whole country ; and that the 
Federal Government ought to render immediate and efficient aid 
in its construction, and that preliminary thereto, a daily over- 
land mail should be promptly established. 

17. Finally, having thus set forth our distinctive principles 
and views, we invite the co-operation of all citizens, however 
differing in other questions, who substantially agree with us, in 
their affirmance and support. 

PLATFORM OF THE NATIONAL CONSTITUTIONAL PARTY OF 1860 

Thfi Union, the Constitution and the Laws. 



340 PLATFORMS OF 1SG0-1864. 

UNION PLATFORM, ADOPTED AT BALTIMORE JUNE 8, 18^4. 

Resolved, That it is the highest duty of every American citi- 
zen to maintain against all its enemies, the integrity of tho 
Union, and the paramount authority of the Constitution and 
laws of the United .States, and that, laying all political opinions 
aside, we pledge ourselves, as Union men, animated by a com- 
mon sentiment, and aiming at a common object, to do everything 
in our power to aid the Government in quelling, by force of 
arms, the rebellion now raging against its authority, and bring- 
ing to the punishment due tu their crimes, the rebels and 
traitors arrayed against it. 

Resolved, That we approve the determination of the Govern- 
ment of the United States not to compromise with rebels, or to 
oifer any terms of peace, except such as may be based upon an 
unconditional surrender of their hostility, &c, and a return to 
their just allegiance to the Constitution and laws of the United 
States, and that we call upon the Government to maintain this 
position, and to prosecute the war with the utmost possible 
vigor to the complete suppression of the rebellion, in full reli- 
ance upon the self-sacrifices, the patriotism, the heroic valor, 
and the undying devotion of the American people to their 
country and its free institutions. 

Resolved, That slavery was the cause and now constitutes 
the strength of the rebellion, and that as it must be always and 
everywhere hostile to the principles of Republican Govern- 
ments, justice and the national safety demand its utter and 
complete eitirpation from the soil of the Republic, and that we 
uphold and maintain the acts and proclamations, by which the 
GovernDU/Q';, in its own defence, has aimed a death blow at this 
gigantic evil. We are in favor, furthermore, of such an amend- 
ment to the Constitution, to be made by the people in conformity 
with it* provisions, as shall terminate and forever prohibit the 
existence of slavery within the limits of the jurisdiction of the 
United States. 

Resolved, That the thanks of the American people are due tt 
the soldiers and sailors of the army and navy, who have periled 
their lives in defence of their country, and in vindication of 
the honor of the flag; that the nation owes them some perma- 
nent recognition of their patriotism and their valor, and ample 
and permanent provision for those of their survivors who have 
received disabling and honorable wounds in the service of their 
country, and that the memories of those who have fallen in its 
defense shall be held in grateful and everlasting remembrance. 
Resolved, That we approve and applaud the political wisdom, 
the unselfish patriotism and unswerving fidelity to the Consti 
tution and the principles of American liberty with which 



PLATFOKSIS OF IStJO— 1804s. 341 

Abraham Lincoln has discharged, under circumstances of un- 
paralelled difficulty, the great duties and responsibilities of the 
Presidential office; that we approve and endorse, as demanded 
by the emergency and essential to the preservation of the 
nation, and as within the Constitution, the measures and acts 
which he has adopted to defend tlie nation against its open and 
secret foes; especially the Proclamation of Emancipation, and 
the employment, as Union soldiers, of men heretofore held in 
slavery, and that we have full confidence in his determination 
to carry these and all other Constitutional measures, essential 
to the salvation of the country, into full and complete effect. 

Resolved, That Ave deem it essential to the general welfare, 
that harmony should prevail in the national councils, and we 
regard as worthy of public confidence and official trust those 
only who cordially endorse the principle proclaimed in these 
resolutions, and which should characterize the administration 
of the Government. 

Resolved, That the Government owes to all men employed in 
ite armies, without distinction of color, the full protection of 
the laws of war, and any violation of these laws and of the 
usages of civilized nations in the time of war, hy the rebels 
new in arms, should be made the subject of full and prompt 
redress. 

Resolved, That the foreign immigration, which in the past 
has added so much to the wealth and development of resources 
and increase of power to this nation, the asylum of the op- 
pressed of all nations, should be fostered and encouraged by a 
liberal and just policy. 

Resolved, That we are in favor of the speedy construction of 
the railroad to the Pacific. 

Resolved, That the national faith is pledged for the redemption 
of the public debt and must be kept inviolate; and that for this 
purpose we recommend economy and rigid responsibilities in 
the public expenditures, and a vigorous and just system of tax- 
ation; that it is the duty of every loyal State to sustain the use 
of the national currency. 

Resolved, That we approve the position taken by the Govern- 
ment, that the people of the United States can never regard 
with indifference the attempt of European power to overthrow 
by force, or to supplant by fraud, the institutions of any Repub- 
lican government on the Western Continent, and that they will 
view with extreme jealousy, as menacing to the peace and inde- 
pendence of this our country, the efforts of any such Dower to 
obtain new footholds for monarchical governments sustained by 
u foreign military force in near proximiry to the United States. 



342 PLATKOKMS OF 1860-1864. 

FREMONT PLATPOP.M, ADOPTED AT CLEVELAND, MAY 31, 1864. 

1. That the Federal Union must be preserved. 

2. That the Constitution and laws of the United States must 
be observed and obeyed. 

3. That the rebellion must be suppressed by the force of arms, 
and without compromise. 

4. That the rights of Free Speech, Free Press, and the Habeas 
Corpus must be held inviolate, save in districts where martial 
law has been proclaimed. 

5. That the rebellion has destroyed slavery, and the Federal 
Constitution should be amended to prohibit its re-establishment. 

6. That the right for asylum, except for crime, and subject 
to law, is a recognized principle — a principle of American lib- 
erty; that any violation of it must not be overlooked, and must 
not go unrebuked. 

7. That the National policy known as the Monroe doctrine 
has become a recognized principle, and that the establishment 
of an anti-republican government on this continent by a foreign 
power can not be tolerated. • 

8. That the gratitude and support of the nation is due to the 
faithful soldiers, and the earnest leaders of the Union army and 
navy, for their heroic achievements and valor in defense of our 
imperiled country and of civil liberty. 

0. That the one term policy for the Presidency adopted by 
the people is strengthened by the existing crisis, and shall bo 
maintained by constitutional amendments. 

10. That the constitution shall be so amended that the Presi- 
dent and Vice President shall be elected by a direct vote of the 
people. 

11. That the reconstruction of the rebellious States belongs 
to the people through their representatives in Congress, and not 
to the Executive. 

12. That the confiscation of the lands of the rebels and their 
distribution among the soldiers and actual settlers is a measure 
of justice; that integrity and economy are demanded at all times 
in the measures of the government, and that now the want of 
this is criminal. 



NATIONAL DEMOCRATIC PLATFORM 

OF 1864. 



Resolved, That in the future, as in the past, we will adhere 
with unswerving fidelity to tiie Union under the Constitution as 
the only solid foundation of our strength, security and happi 
ness as a people, and as a framework of government equally 
conducive to the welfare and prosperity of all the States, both 
Northern and Southern. 

Resolved, That this Convention does explicitly declare, as the 
sense of the American people, that after four years of failure 
to restore the Union by the experiment of war, during which, 
under the pretense of military necessity or war power higher 
than the Constitution, the Constitution itself has been disre- 
garded in every part, and public liberty and private right alike 
trodden down, and the material prosperity of the country es- 
sentially impaired, justice, humanity, liberty and the public 
welfare demand that immediate efforts be made for a cessation 
of hostilities with a view to an ultimate convention of the 
States, or other peaceable means, to the end that at the earliest 

fractical moment peace may be restored on the basis of the 
'ederal Union of the States. 
Resolved, That the direct interference of the military author- 
ities of the United States in the recent elections held in 
Kentucky, Maryland, Missouri and Delaware was a shameful 
violation of the Constitution, and a repetition of such acts in 
the approaching election will be held as revolutionary, and re- 
sisted with all the means and power under our control. 

Resolved, That the aim and object of the Democratic party 
is to preserve the Federal Union and the rights of the States 
unimpaired, and they hereby declare that they consider that 
the administrative usurpation of extraordinary and dangerous 
powers not granted by the Constitution, the subversion of the 
civil by military law in States not in insurrection, the arbitrary 
military arrest, imprisonment, trial and sentence of American 
citizens in States where the civil law exists in full force, the 
suppression of freedom of speech and of the press, the denial 
of the right of asylum, the open and avowed disregard of State 
rights, the employment of unusual test oaths, and the interfer 

343 



344 NATIONAL DEMOCRATIC PIATFORM. 

ence with, and denial of tho right of the people to bear arms in 
their defense, is calculated to prevent a restoration of the Union 
and the perpetuation of the Government deriving its just powers 
from the consent of the governed. 

Resolved, That the shameful disregard of the Administration 
to its duty in respect to our fellow-citizens who now are, and 
long have been, prisoners of war in a suffering condition, de- 
serves the severest reprobation on the score alike of public pol- 
icy and common humanity. 

Resolved, That the sympathy of the Democratic party is 
heartily and earnestly extended to the soldiery of our army and 
sailors of our navy who are and have been in the field and on 
the sea, under the flag of their country, and in the event of its 
attaining power, they will receive all the care, protection and 
regard that the brave soldiers and sailors of the Republic have 
so nobly earned. 



THE CHICAGO PLATFORM, 1868. 



The following is the platform as adopted : 

" The National Republican Party of the United States, assembled 
in National Convention, in the city of Chicago, on the 20th day of 
May, 1868, make the following declaration of principles: 

"1. We congratulate the country on the assured success of the re- 
construction policy of Congress, as evinced by the adoption, in the 
majority of the States lately in rebellion, of constitutions securing 
equal civil and political rights to all ; and it is the duty of the Gov- 
ernment to sustain those constitutions and to prevent the people 
of such States from being remitted to a state of anarchy. 

"2. The guarantee by Congress of equal suffrage to all loyal men 
at the South was demanded by every consideration of public safety, 
of gratitude, and of justice, and must be maintained, while the 
question of suffrage in all the loyal States properly belongs to the 
people of those States. 

"3. We denounce all forms of repudiation as a national crime, 
and the national honor requires the payment of the public indebt- 
edness in the utmost good faith to all creditors at home and abroad, 
not only according to the letter but the spirit of the laws under 
which it was contracted. 

"4. It is due to the labor of the nation that taxation should be 
equalized and reduced as rapidly as the national faith will permit. 

" 5. The national debt, contracted, as it has been, for the preser- 
vation of the Union for all time to come, should be extended over 
a fair period for redemption; and it is the duty of Congress to re- 
duce the rate of interest thereon whenever it can be honestly done. 

"6. That the best policy to diminish our burden of debt is to so 
improve our credit that capitalists will seek to loan us money at 
lower rates of interest than we now pay, and must continue to 
pay, so long as repudiation, partial or total, open or covert, is 
threatened or suspected. 

" 7. The Government of the United States should be administered 
with the strictest economy, and the corruptions which have been 
so shamefully nursed and fostered by Andrew Johnson call loudly 
for radical reform. 

"8. We professedly deplore the untimely and tragic death of 
Abraham Lincoln, and regret the accession of Andrew Johnson 
to the Presidency, who has acted treacherously to the people who 
elected him, and the cause he was pledged to support — who has 
usurped high legislative and judicial functions — who has refused 
to execute the laws — who has used his high office to induce other 
officers to ignore and violate the laws — who has employed his ex- 
ecutive powers to render insecure the property, the peace, liberty, 
and life of the citize-n — who has abused the pardoning power — who 

345 



346 THE CHICAGO PLATFORM, 1868. 

has denounced the National Legislature as unconstitutional — per- 
sistently and corruptly resisted, by every measure in his power, 
every proper attempt at the reconstruction of the States lately in 
rebellion — who has perverted the public patronage into an engine 
of wholesale corruption, and who has been justly impeached for 
high crimes and misdemeanors, and properly pronounced guilty 
thereof by the vote of thirty-five Senators. 

"9. The doctrine of Great Britain and other European Powers, 
that because a man is once a subject he is always so, must be re- 
sisted at every hazard by the United States as a relic of the feudal 
times, not authorized by the law of nations, and at war with our 
national honor and independence. Naturalized citizens are en- 
titled to be protected in all their rights of citizenship as though 
they were native born; and no citizen of the United States, native 
or naturalized, must be liable to arrest and imprisonment by any 
foreign power for acts done or words spoken in this country; and 
if so arrested and imprisoned it is the duty of the Government to 
interfere in his behalf. 

"10. Of all who were faithful in the trials of the late war there 
were none entitled to more especial honor than the brave soldiers 
and seamen who endured the hardships of campaign and cruise, and 
imperiled their lives in the service of the country. The boun- 
ties and pensions provided by the laws for these brave defenders 
of the nation are obligations never to be forgotten. The widows 
and orphans of the gallant dead are the wards of the people, a 
sacred legacy bequeathed to the nation's protecting care. 

"11. Foreign emigration, which in the past has added so much 
to the wealth, development, and resources, and increase of power 
to this nation, the asylum of the oppressed of all nations, should be 
fostered and encouraged hy a liberal and just policy. 

" 12. This Convention declares itself in sympathy with all the op- 
pressed people which are struggling for their rights." 

The following resolutions were also adopted unanimously, and are 
added to the declaration of principles: 

' ; Resolved, That we highly commend the spirit of magnanimity 
and forgiveness with which the men who have served in the rebel- 
lion, but now frankly and honestly cooperate with us in restoring 
the peace of the country and reconstructing the Southern State gov- 
ernments upon the basis of impartial justice and equal rights, are 
received back into the communion of the loyal people. And we 
favor the removal of the disqualifications and restrictions placed 
upon the late rebels in the same measure as the spirit of loyalty will 
direct, and as may be consistent with the safety of the loyal people. 

" Resolved, That we recognize the great principles laid down in 
the immortal Declaration of Independence as the true foundation 
of Democratic government: and we hail with gladness every effort 
toward making these principles a living reality on every inch of 
American soil." 



DEMOCRATIC PLATFORM. 



The Democratic party, in National Convention assembled, re- 
posing its trust in the intelligence, patriotism, and discriminating 
jusiice of the people, standing upon the Constitution as the foun- 
dation and limitation of the powers of the Government and the 
guarantee of the liberties of the citizen, and recognizing the 
questions of slavery and secession as having been settled for all 
time to come by the war or the voluntary action of the Southern 
States in Constitutional Conventions assembled, and never to be 
revived or re-agitated, do, with the return of peace, demand: 

1. The immediate restoration of all the States to their rights 
in the Union under the Constitution of the civil Government and 
the American people. 

2. Amnesty for all past political offenses ; the regulation of the 
elective franchise in the States by their citizens. 

3. Payment of the public debt of the United States as rapidly 
as practicable, all money drawn from the people by taxation, 
except so much as is requisite for the necessities of the Govern- 
ment economically administered being honestly applied to such 
payment, aud where the obligations of the Government do not 
expressly state upon their face or the law under wnicL they were 
issued does not provide that they shall be paid in coin they ought, 
in right and in justice, to be paid in the lawful money of the 
United States. 

4. Equal taxation of every species of property according to the 
value ; reducing Government bonds and other public securities. 

5. One currency for the Government and the people, the laborer 
and the office-holder, pensioner and the soldier, the producer and 
the bondholder. 

0. Economy in the administration of the Government ; the re- 
duction of the standing army and navy ; the abolition of the 
Freedmen's Bureau, and all political instrumentalities designed 
to secure negro supremacy ; simplification of the system and dis- 
continuance of inquisitorial modes of assessing and collecting in- 
ternal revenue, that the burden of taxation may be equalized and 
lessened, and the credit of the Government and the currency made 
good ; the repeal of all enactments for enrolling the State militia 
into a national force in time of peace ; and a tariff for revenue 
upon foreign imports and such equal taxation under the internal 
revenue laws as will afford incidental protection to domestic manu- 
factures as well, without impairing the revenue, impose the leaBt 

347 



348 DEMOCRATIC PLATFORM. 

burden upon and best promote and encourage the great industrial 
interests of the country. 

7. Reform of abuses in the Administration; the expulsion of 
corrupt men from office; the abrogation of useless offices; the 
restoration of the rightful authority to and the independence of 
the Executive and Judicial Departments of the Government; the 
subordination of the military to the civil power, to the end that 
the usurpation of Congress and the despotism of the sword may 
cease. 

8. Equal rights and protection for naturalized and native born 
citizens at home and abroad; the assertion of American nationality, 
which will command the respect of foreign powers, furnish an 
example and encouragement to people struggling for national in- 
tegrity, constitutional liberty, and individual rights; and the 
maintenance of the rights of naturalized citizens against the abso- 
lute doctrine of immutable allegiance and the claims of foreign 
powers to punish them for alk-ged crimes committed beyond their 
jurisdiction. In demanding these measures and reforms, we 
arraign the radical party for its disregard of right and the 
unparalleled oppression and tyranny which have marked its career, 
alter the most solemn and unanimous pledge of both houses of 
Congress to prosecute the war exclusively for the maintenance of 
the Government and the preservation of the Union under the Con- 
stitution. It has repeatedly violated that most sacred pledge 
under which was rallied that noble volunteer army which carried 
our flag to victory. Instead of restoring the Union it has, so far 
as it is in its power, dissolved it, and subjected ten States in time 
of peace to military despotism and negro supremacy. It has nul- 
lified there the right of trial by jury ; it has abolished the writ of 
habeas corpus, that most sacred writ of liberty ; it has overthrown 
the freedom of speech and of the press; it has substituted arbi- 
trary seizures and arrests, military trials, secret star chambers 
and inquisitions for constitutional tribunals; it has disregarded, 
in time of peace, the right of the people to be free from search and 
seizure; it has entered the post-office and telegraph office, and 
ev"en the private rooms of individuals and seized there their pri- 
vate papers and letters, without any specification or notice of 
affidavit, as required by the organic law. It has converted the 
American Capitol into a bastile; it has established a system of 
spies and official espionage to which the constitutional monarchies 
of Europe never dare to resort. It has abolished the right of 
appeal on important constitutional questions to the supreme judi- 
cial tribunals, and threatens to curtail or destroy its original 
jurisdiction, which is irrevocably vested by the Constitution; while 
the learned Chief Justice has been subjected to the most atrocious 
calumnies merely because he would not prostitute his high office 
to the support of the false and partisan charges against the Presi- 
dent. Its corruption and extravagance have exceeded any thing 



DEMOCRATIC PLATFORM. 349 

known in history, and by its frauds and monopolies it has nearly 
doubled the burden of the debt created during the war. It has 
stripped the President of his Constitutional power of appointment 
even of his own Cabinet. Under its repeated assaults the pillars 
of the Government are rocking to their base; and should it succeed 
in November next, and inaugurate its President, we will meet as 
a subjected and conquered people amid the ruins of liberty and 
the scattered fragments of the Constitution; and we do declare and 
resolve that ever since the people of the United States threw oil 
all subjection to the British crown, the privilege and trust of suf- 
frage have belonged to the several States, and have been granted, 
regulated, and controlled exclusively by the political power of eacli 
State respectively, and any attempt by Congress, on any pretext 
whatever, to deprive any State of this right, or interfere with this 
exercise, is a flagrant usurpation of power which can find no 
warrant in the Constitutien, and if sanctioned by the people will 
subvert our form of Government, and can only end in a single, 
centralized and consolidated Government, in which the soparate 
existence of the States will be entirely absorbed, and an un- 
qualified despotism then be established in place of a Federal Union 
of coequal States, and that we regard the reconstruction acts so- 
called of Congress such usurpations and unconstitutional, revo- 
lutionary and void: that our soldiers and sailors who carried the 
flag of our country to victory against a most gallant and deter- 
mined foe must ever be gratefully remembered, and all the guar- 
antees given in their favor must be faithfully carried into exe- 
cution; that the public lands should be distributed widely among 
the people and should be disposed of either under the preemption 
of the homestead lands and sold in reasonable quantities, and to 
none but actual occupants, at the price established by the 
Government When the grants of the public lands may be 
allowed necessary for the encouragement of important public 
improvements, the proceeds of the sale of such lands, and 
not the lands themselves, should be so applied; that the 
President of the United States, Andrew Johnson, exercising the 
power of his high office in resisting the aggressions of Con- 
gress on the constitutional rights of the States and the people, 
is entitled to the gratitude of the whole American people, and on 
behalf of the Democratic party, we tender him our thanks for his 
patriotic efforts in that regard. 

Upon this platform the Democratic party appeal to every patriot, 
including all the conservative element, and all who desire to sup- 
port the Constitution and restore the Union, forgetting all past 
differences of opinion, to unite with us in the present great 
struggle for the liberties of the people; and that to all such, to 
whatever party they may have heretofore belonged, we extend the 
right hand of fellowship, and hail all such cooperating with us 
us friends and brothers. 



PLATFORMS OF 1872." 



" REPUBLICAN PLATFORM." 

The Republican party of the United States assembled 
in national convention in the city of Philadelphia on the 
5th and 6th days of June, 1872, again declares its faith, 
appeals to its history, and announces its position upon the 
questions before the country : 

1. During eleven years of supremacy it has accepted 
with grand courage the solemn duties of the time. It sup- 
pi-essed a gigantic rebellion, emancipated four millions of 
slaves, decreed the equal citizenship of all, and established 
universal suffrage. Exhibiting unparalleled magnanimity, 
it criminally punished no man for political offenses, and 
warmly welcomed all who proved loyalty by obeying the 
laws and dealing justly with their neighbors. It has 
steadily decreased with firm hand the resultant disorders 
of a great war, and initiated a wise and humane policy 
toward the Indians. The Pacific Railroad and similar vast 
enterprises have been generously aided and successfully 
conducted, the public lands freely given to actual settlers, 
immigration protected and encouraged, and a full acknowl- 
edgment of the naturalized citizen's rights secured from 
European powers. A uniform national currency has been 
provided, repudiation frowned down, the national credit 
sustained under the most extraordinary burdens, and new 
bonds negotiated at lower rates. The revenues have been 
carefully collected and honestly applied. Despite annual 
large reductions of the rates of taxation, the public debt 
has been reduced during General Grant's Presidency at the 
rate of a hundred millions a year, great financial crises 
have been avoided, and peace and plenty prevail through- 
out the land. Menacing foreign difficulties have been 
peacefully and honorably composed, and the honor and 
power of the nation kept in high respect throughout the 
350 



REPUBLICAN TLATFORM. 351 

world. This glorious record of the past is the party's best 
pledge for the future. We believe the people will not 
intrust the government to any party or combination of men 
composed chiefly of those who have resisted every step of 
this beneficent progress. 

2. The recent amendments to the national constitution 
should be cordially sustained because they are right, not 
merely tolerated because they are law, and should be car- 
ried out according to their spirit by appropriate legislation, 
the enforcement of which can safely be intrusted only to 
the party that secured those amendments. 

3. Complete liberty and exact equality in the enjoyment 
of all civil, political, and public rights should be estab- 
lished and effectually maintained throughout the Union by 
efficient and appropriate >State and Federal legislation. 
Neither the law nor its administration should admit any 
discrimination in respect of citizens by reason of race, creed, 
color, or previous condition of servitude. 

4. The national government should seek to maintain 
honorable peace with all nations, protecting its citizens 
evcry-where and sympathizing with all peoples who strive 
for greater liberty. 

5. Any system of the civil service under which the sub- 
ordinate positions of the government are considered rewards 
for mere party zeal is fatally demoralizing, and we there- 
fore favor a reform of the system by laws which shall 
abolish the evnVof patronage and make honesty, efficiency, 
and fidelity the essential qualifications for public positions, 
without practically creating a life tenure of office. 

(i. We are opposed to further grants of the public lands 
to corporations and monopolies, and demand that the 
national domain be set apart for free homes for the peo- 
ple. 

7. The annual revenue, after paying current expenditures, 
pensions, and the interest on the public debt, should furnish 
a moderate balance for the reduction of the principal, and 
that revenue, except so much as may be derived from a tax 
upon tobacco and liquors, should be raised by duties upon 
importations, the details of which should be so adjusted as 
to aid in securing remunerative wages to labor, and pro 



352 RErunucAN platform. 

mote the industries, prosperity, and growth of the whole 
coi 1 11 try. 

8. We hold in undying honor the soldiers and sailors 
whose valor saved the Union. Their pensions are a sacred 
debt of the nation, and the widows and orphans of those 
who died for their country are entitled to the care of a 
generous and grateful people. We favor such additional 
legislation as will extend the bounty of the government to 
all our soldiers and sailors who were honorably discharged, 
and who in the line of duty became disabled, without re- 
gard to the length of service or the cause of such discharge. 

9. The doctrine of Great Britain and other European 
Powers concerning allegiance — "once a subject always a 
subject" — having at last through the efforts of the llepub- 
liean party been abandoned, and the American idea of the 
individual's right to transfer allegiance having been ac- 
cepted by European nations, it is the duty of our govern- 
ment to guard with jealous care the rights of adopted 
citizens against the assumption of unauthorized claims by 
their former governments, and we urge continued careful 
encouragement and protection of voluntary immigration. 

10. The franking privilege ought to be abolished, and 
the way prepared for a speedy reduction in the rates of 
postage. 

11. Among the questions which press for attention is 
that which concerns the relations of capital and labor, and 
the Republican party recognizes the duty of so shaping 
legislation as to secure full protection and the amplest field 
for capital, and for labor, the creator of capital, the largest 
opportunities and a just share of the mutual profits of these 
two great servants of civilization. 

12. We hold that Congress and the President have only 
fulfilled an imperative duty in their measures for the sup- 
pression of violent and treasonable organizations in certain 
lately rebellious regions, and for the protection of the 
ballot-box; and therefore they are entitled to the thanks 
of the nation. 

13. We denounce repudiation of the public debt, in any 
form or disguise, as a national crime. We witness with 
pride the reduction of the principal of the the debt, and 



LIBERAL REPUBLICAN PLATFOBM. 353 

of the rates of interest upon the balance, and confidently 
expect that our excellent national curreney will be per- 
fected by a speedy resumption of specie payment. 

14. The Republican party is mindful of its obligations 
to the loyal women of America for their noble devotion to 
the cause of freedom. Their admission to wider fields of 
usefulness is viewed with satisfaction; and the honest de- 
mand of any class of citizens t'<>r additional rights should 
be treated with respectful consideration. 

15. We heartily approve the action of Congress in ex- 
tending amnesty to those lately in rebellion, and rejoice in 
the groVth of peace and fraternal feeling throughout the 
land. 

16. The Republican party proposes to respect the rights 
reserved by the people to themselves as carefully as the 
powers delegated by them to the State and to the Federal 
Government. Jt disapproves of the resort to unconstitu- 
tional laws for the purpose of removing evils, by inter- 
ference with rights not surrendered by the people to either 
the BtatC or National Government. 

17. It is the duty of the General Government to adopt 
such measures a~ may tend to encourage and restore Amer- 
ican commerce and ship-building. 

18. We believe that the modest patriotism, the < 
purpose, the sound judgment, the practical wisdom, the in- 
corruptible integrity, and the illustrious services of Ulj 

S. ' Srant have commended him to the heart of the American 
people, and with him at our head we -tart to-day upon a 
new march to victory. 



"LIBERAL REPUBLICAN PLATFORM." 

We, the Libera] Republicans of the United Stal 
national convention assembled at Cincinnati, proclaim the 
following principles as essential to just government: 

1. We recognize the- equality of all men before tie- law, 
and hold that it i.- tin,- duty of Government, in its dealings 
with the people, to mete out equal and exact justice to all, 
30 



354 LIBERAL REPUBLICAN PLATFORM. 

of whatever nativity, race, color, or j^ersuasion, religious or 
political. 

2. W r e pledge ourselves to maintain the Union of these 
States, emancipation, and enfranchisement, and to oppose 
any reopening of the questions settled by the thirteenth, 
fourteenth, and fifteenth amendments of the Constitution. 

3. We demand the immediate and absolute removal of 
all disabilities imposed on account of the rebellion, which 
was finally subdued seven years ago, believeing that univer- 
sal amnesty will result in complete pacification in all sec- 
tions of the country. 

4. Local self-government, with impartial suffrage, will 
guard the rights of all citizens more securely than any cen- 
tralized power. The public welfare requires the supremacy 
of the civil over the military authority, and the freedom 
of person under the protection of the habeas corpus. We 
demand for the individual the largest liberty consistent with 
public order, for the State self-government, and for the na- 
tion a return to the methods of peace and the constitutional 
limitations of power. 

5. The civil service of the government has become a 
mere instrument of partisan tyranny and personal ambition, 
and an object of selfish greed. It is a scandal and reproach 
upon free institutions, and breeds a demoralization danger- 
ous to the perpetuity of republican government. We 
therefore regard a thorough reform of the civil service as 
one of the most pressing necessities of the hour ; that 
honesty, capacity, and fidelity constitute the only valid 
claims to public employment ; that the offices of the gov- 
ernment cease to be a matter of arbitrary favoritism and 
patronage, and that public station shall become again a 
post of honor. To this end it is imperatively required that 
no President shall be a candidate for re-election. 

6. We demand a system of Federal taxation which shall 
not unnecessarily interfere with the industry of the people, 
and which shall provide the means necessary to pay the 
expenses of the government, economically administered, 
the pensions, the interest on the public debt, and a mod- 
erate reduction annually of the principal thereof; and 
recognizing that there are in our midst honest but irrecon- 



DEMOCRATIC PLATFORM. 355 

cilable difference of opinion with regard to the respective 
systems of protection and free trade, we remit the discus- 
sion of the subject to the people in their congressional 
districts and the decision of Congress thereon, wholly free 
from executive interference or dictation. 

7. The public credit must be sacredly maintained, and 
we denounce repudiation in every form and guise. 
s 8. A speedy return to specie payments is demanded 
alike by the highest considerations of commercial morality 
and honest government. 

9. We remember with gratitude the heroism and sacri- 
fices of the soldiers and sailors of the Republic, and no act 
of ours shall ever detract from their justly earned fame or 
the full rewards of their patriotism. 

10. We are opposed to all further grants of lands to 
railroads or other corporations. The public domain should 
be held sacred to actual settlers. 

11. We hold that it is the duty of the government, in 
its intercourse with foreign nations, to cultivate the friend- 
ships of peace by treating with all on fair and equal terms, 
regarding it alike dishonorable either to demand what is 
not right or submit to what is wrong. 

12. For the promotion and success of these vital princi- 
ples and the support of the candidates nominated by this 
convention, we invite and cordially welcome the co-opera- 
tion of all patriotic citizens, without regard to previous 
political affiliations, 

Cincinnati, May 1-3. 



"DEMOCRATIC PLATFORM." 

We, the Democratic electors of the United States in 
convention assembled, do present the principles already 
adopted at Cincinnati, as essential to just government. 

[See Liberal Republican Platform.] 

Baltimore, July 9, 10. 



THE CIVIL SERVICE REGULATIONS.' 



1. No person will be appointed to any position in the 
civil service who shall not have furnished satisfactory evi- 
dence of his fidelity to the Union and the Constitution of 
the United States. 

2. The evidence in regard to character, health, age, and 
knowledge of the English language, required by the first 
rule, shall be furnished in writing, and if such evidence 
shall be satisfactory to the head of the department in 
which the appointment is to be made, the applicant shall 
be notified when and where to appear for examination ; 
but when the applicants are so numerous that the exam- 
ination of all whose preliminary papers are satisfactory is 
plainly impracticable, the head of the department shall 
select for examination a practicable number of those who 
are apparently best qualified. 

3. Examinations to fill vacancies in any of the Execu- 
tive Departments in Washington shall be held not only at 
the city of Washington, but also, when directed by the 
head of the department in which the vacancy may exist, 
in the several States, either at the capital or other con- 
venient place. 

4. The appointment of persons to be employed exclu- 
sively in the secret service of the Government ; also of 
persons to be employed as translators, stenographers, or 
private secretaries, or to be designated for secret service, 
to fill vacancies in clerkships in either of the Executive 
Departments at Washington, may be excepted from the 
operation of the rules. 

5. When a vacancy occurs in a consular office, of which 
the lawful annual compensation is three thousand dollars 
or more, it will be filled at the discretion of the President, 
either by the transfer of some person already in the service 
or by a new appointment, which may be excepted from the 
operation of the rules. But if the vacancy occur in an 

356 



THE CIVIL SERVICE REGULATIONS. 357 

office of which the lawful annual compensation, by salary 
or by fees ascertained by the last official returns, is more 
than one thousand dollars and less than three thousand 
dollars, and it is not filled by transfer, applications will be 
addressed to the Secretary of State, inclosing proper cer- 
tificates of character, responsibility, and capacity, and the 
Secretary will notify the applicant who, upon investiga- 
tion, appears to be most suitable and competent, to attend 
for examination ; and if he shall be found qualified, he 
will be nominated for confirmation ; but if not found 
qualified, or if his nomination be not confirmed by the 
Senate, the Secretary will proceed in like manner with the 
other applicants who appear to him to be qualified. If, 
however, no applicants under this regulation shall be found 
suitable and qualified, the vacancy will be filled at discre- 
tion. The appointment of commercial agents and of con- 
suls whose annual compensation is one thousand dollars or 
less (if derived from fees, the amount to be ascertained by 
the last official returns), of vice consuls, deputy consuls, 
and of consular agents and other officers who are appointed 
upon the nomination of the principal officer, and for whom 
he is responsible upon his official bond, may be, until other- 
wise ordered, excepted from the operation of the rules. 

6. When a vacancy occurs in the office of collector of 
the customs, naval officer, appraiser, or surveyor of the 
customs, in the customs districts of New York, Boston, 
and Charlestown, Baltimore, San Francisco, New Orleans, 
Philadelphia, Vermont (Burlington), Oswego, Niagara, 
Buffalo Creek, Champlain," Portland, and Falmouth, Cor- 
pus Christi, Oswegatchie, Mobile, Brazos de Santiago, 
(Brownsville,) Texas, (Galveston, etc.,) Savannah, Charles- 
ton, Chicago, or Detroit, the Secretary of the Treasury 
shall ascertain if any of the subordinates in the customs 
district in which such vacancy occurs are suitable persons 
qualified to discharge efficiently the duties of the office to 
be filled, and, if such persons be found, he shall certify to 
the President the name or names of those subordinates, 
not exceeding three, who, in his judgment, are best quali- 
fied for the position, from which the President will make 
the nomination to fill the vacancy. But if no such subor- 



358 THE CIVIL SERVICE REGULATIONS. 

dhiate be found qualified, or if the nomination be not con- 
firmed, the nomination will be made at the discretion of 
the President. Vacancies bccuring in such positions in the 
customs service in the said districts as are included in the 
subjoined classification will be filled in accordance with the 
rules. Appointments to all other positions in the customs 
service in said districts may be, until otherwise ordered, 
excepted from the operation of the rules. 

7. When a vacancy occurs in the office of collector, 
appraiser, surveyor, or other chief officer in any customs 
district not specified in the preceding regulation, applica- 
tions in writing from any subordinate or subordinates in 
the customs service of the district, or from other person or 
persons residing within the said district, may be addressed 
to the Secretary of the Treasury, including proper certifi- 
cates of character, responsibility, and capacity ; and if any 
of the subordinates so applying shall be found suitable and 
qualified, the name or names, not exceeding three, of the 
best qualified shall be certified by the board of examiners 
to the Secretary, and from this list the nomination or ap- 
pointments will be made. But if no such subordinate be 
found qualified, the said board shall certify to the Secretary 
the name or names, not exceeding three, of the best quali- 
fied among the other applicants, and from this list the 
nomination or appointment will be made. If, however, no 
applicants under this regulation shall be found suitable and 
qualified, the vacancy will be filled at discretion. Ap- 
pointments to all other positions in the customs service in said 
districts may be, until otherwise ordered, excepted from 
the operation of the rules. 

8. When a vacancy occurs in the office of postmaster, in 
cities having, according to the census of 1870, a popula- 
tion of twenty thousand or more, the Postmaster General 
shall ascertain if any of the subordinates in such office are 
suitable persons qualified to discharge efficiently the duties 
of postmaster, and, if such are found, he shall certify to 
the President the name or names of those subordinates, 
not exceeding three in number, who, in his judgment, are 
best qualified for the position, from which list the Presi- 
dent will make the nomination to fill the vacancy. But 



THE CIVIL SERVICE REGULATIONS. 359 

if no such subordinate be found so qualified, or if the 
nomination be not confirmed by the Senate, the nomina- 
tion will be made at the discretion of the President. 
Vacancies occurring in such positions in the said post- 
offices as are included in the subjoined classification will 
be filled in accordance with the rules. Appointments to 
all other positions in the said post-offices may be, until 
otherwise ordered, excepted from the operation of the 
rules. 

9. When a vacancy occurs in the office of postmaster, 
of a class not otherwise provided for, applications for the 
position from any subordinate or subordinates in the office, 
or from other persons residing within the delivery of the 
office, may be addressed to the Postmaster General, in- 
closing proper certificates of character, responsibility, and 
capacity ; and if any of the subordinates so applying shall 
be found suitable and qualified, the name or names of the 
best qualified, not exceeding three, shall be certified by the 
board of examiners to the Postmaster General, and from 
them the nomination or appointment shall be made. But 
if no subordinate be found qualified, the said board shall 
certify to the Postmaster General the name or names, not 
exceeding three, of the best qualified among the other 
applicants, and from them the nomination or appointment 
shall be made. If, however, no applicants under this regu- 
lation shall be found suitable and qualified, the vacancy 
will be filled at discretion. Appointments to all other 
positions in the said post-offices may be, until otherwise 
ordered, excepted from the operation of the rules. 

10. Special agents of the Post-office Department shall 
be appointed by the Postmaster General at discretion, from 
persons already in the postal service, and who shall have 
served therein for a period of not less than one year im- 
mediately preceding the appointment. But if no person 
within the service shall, in the judgment of the Postmaster 
General, be suitable and qualified, the appointment shall 
be made from all applicants under the rules. 

11. Mail route messengers shall be appointed in the 
manner provided for the appointment of postmasters whose 
annual salary is less than two hundred dollars. 



3G0 THE CIVIL SERVICE REGULATIONS. 

12. When a vacancy occurs in the office of register or 
receiver of the land office, or of pension agent, applications 
in writing from residents in the district in which the va- 
cancy occurs may be addressed to the Secretary of the 
Interior, inclosing proper certificates of character, respon- 
sibility, and capacity ; and if any of the applicants shall 
be found suitable and qualified, the name or names, not 
exceeding three, of the best qualified, shall be certified by 
the boai-d of examiners to the Secretary, and from this list 
the nomination will be made. If, however, no applicants 
under this regulation shall be found suitable and qualified, 
the nomination will be made at discretion. 

13. When a vacancy occurs in the office of United States 
marshal, applications in writing from residents in the dis- 
trict in which the vacancy occurs may be addressed to the 
Attorney General of the United States, inclosing proper 
certificates of character, responsibility, and capacity; and 
if any of the applicants shall be found suitable and quali- 
fied, the name or names, not exceeding three, of the best 
qualified, shall be certified by the board of examiners to 
the Attorney General, and from this list the nomination 
will be made. If, however, no applicants under this regu- 
lation shall be found suitable and qualified, the nomination 
will be made at discretion. 

14. Appointments to fill vacancies occurring in offices in 
the several Territories, excepting those of judges of the 
United States courts, Indian agents and superintendents, 
will be made from suitable and qualified persons domiciled 
in the Territory in which the vacancy occurs, if any such 
are found. 

15. It shall be the duty of the examining board in each 
of the departments to report to the advisory board such 
modifications in the rules and regulations as, in the judg- 
ment of such examining board, are required for appoint- 
ments to certain positions, to which, by reason of distance, 
or of difficult access, or of other sufficient cause, the rules 
and regulations can not be applied with advantage; and 
if the reason for such modifications shall be satisfactory to 
the advisory board, said board will recommend them for 
approval. 



THE CIVIL SERVICE REGULATIONS. 361 

16. Nothing in these rules and regulations shall prevent 
the reappointment at discretion of the incumbents of any 
office the term of which is fixed by law; and when such 
reappointment is made no vacancy within the meaning of 
the rules shall be deemed to have occurred. 

17. Appointments to all positions in the civil service, not 
included in the subjoined classifications, nor otherwise 
specially provided for by the rules and regulations, may, 
until otherwise ordered, be excepted from the operation of 
the rules. [The Civil Service Regulations are practically 
discontinued in many departments, in consequence of a 
failure on the part of Congress to make appropriations for 
continuing them, though they are yet adhered to in some.] 

31 



RELATIONS OF THE UNITED STATES 
AND GREAT BRITAIN. 



Treaty between the United States and Great Britain — 
Claims, Fisheries, Navigation of the St. Lawrence, etc., 
American Lumber on the Kiver St. John, Boundary — 
Concluded May 8, 1871 ; Ratifications Exchanged June 
17, 1871 ; Proclaimed July 4, 1871. 



By the President of the United States of America. 



A. PROCLAMATION. 

Whereas a treaty between the United States of Amer- 
ica and her Majesty the Queen of the United Kingdom 
of Great Britain and Ireland, concerning the settlement 
of all causes of difference between the two countries, was 
concluded and signed at Washington by the high commis- 
sioners and plenipotentiaries of the respective Govern- 
ments on the 8th day of May last; which treaty is, word 
for word, as follows : • 

The United States of America and her Britannic Majesty, 
being desirous to provide for an amicable settlement" of 
all causes of difference between the two countries, have 
for that purpose appointed their respective plenipotenti- 
aries, that is to say : the President of the United States 
has appointed, on the part of the United States, as com- 
missioners in a joint high commission and plenipotentiaries, 
Hamilton Fish, Secretary of State ; Robert dimming 
Schenck, envoy extraordinary and minister plenipotentiary 
to Great Britain ; Samuel Nelson, an associate justice of 
the Supreme Court of the United States; Ebenezer Rock- 

362 



UNITED STATES AND GREAT BRITAIN. 363 

wood Hoar, of Massachusetts ; and George Henry Wil- 
liams, of Oregon ; and her Britanic Majesty, on her part, 
has appointed as her high commissioners and plenipotenti- 
aries the right honorable George Frederick Samuel, Earl 
de Grey and Earl of Ripon, Viscount Goderich, Baron 
Grantham, a baronet, a peer of the United Kingdom, lord 
president of her Majesty's most honorable Privy Council, 
knight of the most noble order of the Garter, etc. ; the 
right honorable Sir Stafford Henry Northcote, baronet, 
one of her Majesty's most honorable Privy Council, a 
member of Parliament, a companion of the most honora- 
ble order of the Bath, etc.; Sir Edward Thornton, knight 
commander of the most honorable order of the Bath, her 
Majesty's envoy extraordinary and minister plenipotentiary 
to the United States of America ; Sir John Alexander 
Macdonald, knight commander of tne most honorable 
order of the Bath, a member of her Majesty's Privy 
Council for Canada, and minister of justice and attorney- 
general of her Majesty's Dominion of Canada; and Mon- 
tague Bernard, Esq., Chichele professor of international 
law in the University of Oxford. 

And the said plenipotentiaries, after having exchanged 
their full powers, which were found to be in due and 
proper form, have agreed to and concluded the following 
articles : 

ARTICLE I. 

Whereas differences have arisen between the Govern- 
ment of the United States and the Government of her 
Britannic Majesty, and still exist, growing out of the acts 
committed by the several vessels which have given rise to 
the claims generic-ally known as the "Alabama claims;" 

And whereas her Britannic Majesty has authorized her 
high commissioners and plenipotentiaries to express, in a 
friendly spirit, the regret felt by her Majesty's Govern- 
ment for the escape, under whatever circumstances, of the 
Alabama and other vessels from British ports, and for the 
depredations committed by those vessels : 

Now, in order to remove and adjust all complaints and 
claims on the part of the United States, and to provide 



36-4 UNITED STATES AND GREAT BRITAIN. 

for the speedy settlement of such claims which are not 
admitted by her Britannic Majesty's Government, the 
high contracting parties agree that all the said claims, 
growing out of acts committed by the aforesaid vessels 
and generically known as the "Alabama claims," shall be 
referred to a tribunal of arbitration, to be composed of five 
arbitrators, to be appointed in the following manner, that 
is to say : one shall be named by the President of the 
United States; one shall be named by her Britannic 
Majesty ; his Majesty the King of Italy shall be requested 
to name one ; the President of the Swiss Confederation 
shall be requested to name one ; and his Majesty the 
Emperor of Brazil shall be requested to name one. 

In case of the death, absence, or incapacity to serve of 
any or either of the said arbitrators, or, in the event of, 
either of the said arbitrators omitting or declining or ceas- 
ing to act as such, the President of the United States, or 
her Britannic Majesty, or his Majesty the King of Italy, 
or the President of the Swiss Confederation, or his Majesty 
the Emperor of Brazil, as the case may be, may forthwith 
name another person to act as arbitrator in the place and 
stead of the arbitrator originally named by such head of 
a State. 

And in the event of the refusal or omission for two 
months after receipt of the request from either of the 
high contracting parties of his Majesty the King of Italy, 
or the President of the Swiss Confederation, or his Majesty 
the Emperor of Brazil, to name an arbitrator either to 
fill the original appointment or in the place of one who 
may have died, be absent, or incapacitated, or who may 
omit, decline, or from any cause cease to act as such arbi- 
trator, his Majesty the King of Sweden and Norway shall 
be requested to name one or more persons, as the case may 
be, to act as such arbitrator or arbitrators. 

article n. 

The arbitrators shall meet at Geneva, in Switzerland, at 
the earliest convenient day after they shall have been 
named, and shall proceed impartially and carefully to 



UNITED STATES AND GREAT BRITAIN. 365 

examine and decide all questions that shall he laid ho fore 
them on the part of the Governments of the United 
States and her Britannic Majesty respectively. All ques- 
tions considered by the tribunal, including the final award, 
shall he decided hy a majority of all the arhitrators. 

Each of the high contracting parties shall also name 
one person to attend the tribunal as its agent to represent 
it generally in all matters connected with the arbitration. 

article in. 

The written or printed case of each of the two parties, 
accompanied by the documents, the official correspondence, 
and other evidence on which each relies, shall be delivered 
in duplicate to each of the arbitrators and to the agent of 
the other party as soon as may be after the organization 
of the tribunal, but within a period not exceeding six 
months from the date of the exchange of the ratifications 
of this treaty. 

ARTICLE IV. 

Within four months after the delivery on both sides of 
the written or printed case, either party may, in like man- 
ner, deliver in duplicate to each of the said arbitrators, 
and to the agent of the other party, a counter case and 
additional documents, correspondence, and evidence, in 
reply to the case, documents, correspondence, and evi- 
dence so presented by the other party. • ' 

The arbitrators may, however, extend the time for 
delivering such counter case, documents, correspondence, 
and evidence, when, in their judgment, it becomes neces- 
sary, in consequence of the distance of the place from 
which the evidence to he presented is to be procured. 

If in the case submitted to the arbitrators either party 
shall have specified or alluded to any report or document 
in its own exclusive possession without annexing a copy, 
such party shall be bound, if the other party thinks proper 
to apply for it, to furnish that party with a copy thereof; 
and either party may call upon the other, through the 



366 UNITED STATES AND GREAT BRITAIN. 

arbitrators, to produce the originals or certified copies of 
any papers adduced as evidence, giving in each instance 
such reasonable notice as the arbitrators may require. 

ARTICLE v. 

It shall be the duty of the agent of each party, within 
two months after the expiration of the time limited for 
the delivery of the counter case on both sides, to deliver 
in duplicate to each of the said arbitrators and to the 
agent of the other party a written or printed argument 
showing the points and referring to the evidence upon 
which his Government relies ; and the arbitrators may, if 
they desire further elucidation with regard to any point, 
require a written or printed statement or argument, or 
oral argument by counsel upon it ; but in such case the 
other party shall be entitled to reply either orally or in 
writing, as the case may be. 

ARTICLE VI. 

In deciding the matters submitted to the arbitrators, 
they shall be governed by the following three rules, which 
are agreed upon by the high contracting parties . as rules 
to be taken as applicable to the case, and by such princi- 
ples of international law not inconsistent therewith as the 
arbitrators shall determine to have been applicable to the 
case. 

Rules. 

A neutral Government is bound — 

First, to use due diligence to prevent the fitting out, 
arming, or equipping, within its jurisdiction, of any vessel 
which it has reasonable ground to believe is intended to 
cruise or to carry on war against a Power with which it 
is at peace ; and also to use like diligence to prevent the 
departure from its jurisdiction of any vessel intended to 
cruise or carry on war as above, such vessel having been 
specially adapted, in whole or in part, within such juris« 
diction, to warlike use. 



UNITED STATES AND GREAT BRITAIN. 367 

Secondly, not to permit or suffer either belligerent to 
make use of its ports or waters as the base of naval opera- 
tions against the other, or for the purpose of the renewal 
or augmentation of military supplies or arms, or the 
recruitment of men. 

Thirdly, to exercise due diligence in its own ports and 
waters, and, as to all persons within its jurisdiction, to 
prevent any violation of the foregoing obligations and 
duties. 

Her Britannic Majesty has commanded her high com- 
missioners and plenipotentiaries to declare that her Majes- 
ty's Government can not assent to the foregoing rules as a 
statement of principles of international law which were in 
force at the time when the claims mentioned in Article I 
arose, but that her Majesty's Government, in order to 
evince its desire of strengthening the friendly relations 
between the two countries, and of making satisfactory 
provision for the future, agrees that in deciding the ques- 
tions between the two countries arising out of those claims 
the arbitrators should assume that her Majesty's Govern- 
ment had undertaken to act upon the principles set forth 
in these rules. 

And the high contracting parties agree to observe these 
rules as between themselves in future, and to bring them 
to the knowledge of other maritime Powers, and to invite 
them to accede to them. 

ARTICLE VII. 

The decision of the tribunal shall, if possible, be made 
within three months from the close of the argument on 
both sides. 

It shall be made in writing and dated, and shall be 
signed by the arbitrators who may assent to it. 

The said tribunal shall first determine as to each vessel 
separately whether Great Britain has, by any act or omis- 
sion, failed to fulfill any of the duties set forth in the 
foregoing three rules, or recognized by the principles of 
international law not inconsistent with such rules, and 
shall certify such fact as to each of the said vessels. In 



368 UNITED STATES AND GREAT BRITAIN. 

case the tribunal find that Great Britain has failed to ful- 
fill any duty or duties as aforesaid, it may, if it think 
proper, proceed to award a sum in gross to be paid by 
Great Britain to the United States for all the claims 
referred to it ; and in such case the gross sum so awarded 
shall be paid in coin by the Government of Great Britain 
to the Government of the United States, at Washington, 
within twelve months after the date of the award. 

The award shall be in duplicate, one copy whereof shall 
be delivered to the agent of the United States for his 
Government, and the other copy shall be delivered to the 
agent of Great Britain for his Government. 



ARTICLE Vm. 

Each government shall pay its own agent and provide 
for the proper remuneration of the counsel employed by 
it, and for the arbitrator appointed by it, and for the 
expense of preparing and submitting its case to the 
tribunal. All other expenses connected with the arbitra- 
tion shall be defrayed by the two Governments in equal 
moieties. 

ARTICLE LX. 

The arbitrators shall keep an accurate record of their 
proceedings, and may appoint and employ the necessary 
officers to assist them. 

ARTICLE X. 

In case the tribunal finds that Great Britain has failed 
to fulfill any duty or duties as aforesaid, and does not 
award a sum in gross, the high contracting parties agree 
that a board of assessors shall be appointed to ascertain 
and determine what claims are valid, and what amount or 
amounts shall be paid by Great Britain to the United 
States on account of the liability arising from such failure, 
as to each vessel, according to the extent of such liability 
as decided by the arbitrators. 



UNITED STATES AND GREAT BRITAIN. 369 

The board of assessors shall be constituted as follows: 
one member thereof shall be named by the President of 
the United States, one member thereof shall be named by 
her Britannic Majesty, and one member thereof shall be 
named by the representative at Washington of his Majesty 
the King of Italy ; and in case of a vacancy happening 
from any cause, it shall be filled in the same manner in 
which the original appointment was made. 

As soon as possible after such nominations the board of 
assessors shall be organized in Washington, with power to 
hold their sittings there, or in New York, or in Boston. 
The members thereof shall severally subscribe a solemn 
declaration that they will impartially and carefully exam- 
ine and decide, to the best of their judgment and according 
to justice and equity, all matters submitted to them, and 
shall forthwith proceed, under such rules and regulations 
as they may prescribe to the investigation of the claims 
which shall be presented to them by the Government of 
the United States, and shall examine and decide upon 
them in such order and manner as they may think proper, 
but upon such evidence or information only as shall be 
furnished by or on behalf of the Governments of the 
United States and of Great Britain, respectively. They 
shall be bound to hear on each separate claim, if required, 
one person on behalf of each Government, as counsel or 
agent. A majority of the assessors in each case shall be 
sufficient for a decision. 

The decision of the assessors shall be given upon each 
claim in writing, and shall be signed by them respectively 
and dated. 

Every claim shall be presented to the assessors within 
six months from the day of their first meeting, but they 
may, for good cause shown, extend the time for the pre- 
sentation of any claim to a further period not exceeding 
three months. 

The assessors shall report to each Government at or 
before the expiration of one year from the date of their 
first meeting the amount of claims decided by them up to 
the date of such report. If further claims then remain 
undecided, they shall make a further report at or before 



370 UNITED STATES AND GREAT BRITAIN. 

the expiration of two years from the date of such first 
meeting, and in case any claims remain undetermined at 
that time, they shall make a final report within a further 
period of six months. 

The report or reports shall be made in duplicate, and 
one copy thereof shall be delivered to the Secretary of 
State of the United States, and one copy thereof to the 
representative of her Britannic Majesty at Washington. 

All sums of money which may be awarded under this 
article shall be payable at Washington, in coin, within 
twelve months after the delivery of each report. 

The board of assessors may employ such clerks as they 
shall think necessary. 

The expenses of the board of assessors shall be borne 
equally by the two Governments, and paid from time to 
time, as may be found expedient, on the production of 
accounts certified by the board. The remuneration of the 
assessors shall also be paid by the two Governments in 
equal moieties in a similar manner. 

ARTICLE XI. 

The high contracting parties engage to consider the 
result of the proceedings of the tribunal of arbitration and 
of the board of assessors, should such board be appointed, 
as a full, perfect, and final settlement of all the claims 
hereinbefore referred to ; and further engage that every 
such claim, whether the same may or may not have been 
presented to the notice of, made, preferred, or laid before 
the tribunal or board shall, from and after the conclusion 
of the proceedings of the tribunal or board, be considered 
and treated as finally settled, barred, and thenceforth 
inadmissible. 

ARTICLE XII. 

The high contracting parties agree that all claims on 
the part of corporations, companies, or private individuals, 
citizens of the United States, upon the Government of 
her Britannic; Majesty, arising out of acts committed 
against the persons or property of citizens of the United 



UNITED STATES AND GREAT BRITAIN. 371 

States during the period between the 13th of April, 1861, 
and the 9th of April, 1865, inclusive, not being claims 
growing out of the acts of the vessels referred to in Arti- 
cle I of this treaty ; and all claims, with the like excep- 
tion, on the part of corporations, companies, or private 
individuals, subjects of her Britannic Majesty, upon the 
Government of the United States, arising out of acts com- 
mitted against the persons or property of subjects of her 
Britannic Majesty during the same period which may have 
been presented to either Government for its interposition 
with the other, and which yet remain unsettled, as wt 11 
as any other such claims which may be presented within 
the time specified in Article XIV of this treaty, shall be 
referred to three commissioners, to be appointed in the 
following manner, that is to say : one commissioner shall 
be named by the President of the United States, one by 
her Britannic Majesty, and a third by the President of 
the United States and her Britannic Majesty conjointly ; 
and in case the third commissioner shall not have been so 
named within a period of three months from the date of 
the exchange of the ratifications of this treaty, then the 
third commissioner shall be named by the representative 
at Washington of his Majesty the King of Spain. In 
case of the death, absence, or incapacity of any commis- 
sioner, or in the event of any commissioner omitting or 
ceasing to act, the vacancy shall be filled in the manner 
hereinbefore provided for making the original appoint- 
ment ; the period of three months in case of such substi- 
tution being calculated from the date of the happening of 
the vacancy. 

The commissioners so named shall meet at Washington 
at the earliest convenient period after they have been 
respectively named ; and shall, before proceeding to any 
business, make and subscribe a solemn declaration that 
they will impartially and carefully examine and decide, 
to the Jjest of their judgment and according to justice and 
equity, all such claims as shall be laid before them on the 
part of the Governments of the United States and of her 
Britannic Majesty, respectively ; and such declaration shall 
be entered on the record of their proceedings. 



372 UNITED STATES AND GREAT BRITAIN. 

ARTICLE Xin. 

The commissioners shall then forthwith proceed to the 
investigation of the claims which shall be presented to 
them. They shall investigate and decide such claims in 
such order and such manner as they may think proper, 
but upon such evidence or information only as shall be 
furnished by or on behalf of the respective Governments. 
They shall be bound to receive and consider all written 
documents or statements Avhich may be presented to them 
by or on behalf of the respective Governments in support 
of or in answer to any claim, and to hear, if required, 
one person on each side, on behalf of each Government, 
as counsel or agent for such Government, on each and 
every separate claim. A majority of the commissioners 
shall be sufficient for an award in each case. The award 
shall be given upon each claim in writing, and shall be 
signed by the commissioners assenting to it. It shall be 
competent for each Government to name one person to 
attend the commissioners as its agent, to present and sup- 
port claims on its behalf, and to answer claims made upon 
it, and to represent it generally in all matters connected 
with the investigation and decision thereof. 

The high contracting parties hereby engage to consider 
the decision of the commissioners as absolutely final and 
conclusive upon each claim decided upon by them, and to 
give full effect to such decisions without any objection, 
evasion, or delay whatsoever. 

article xrv. 

Every claim shall be presented to the commissioners 
within six months from the day of their first meeting, 
unless in any case where reasons for delay shall be estab- 
lished to the satisfaction of the commissioners, and then, 
and in any such case, the period for presenting the claim 
may be extended by them to any time not exceeding three 
months longer. 

The commissioners shall be bound to examine and decide 
upon every claim within two years from the day of their 



UNITED STATES AND GREAT BRITAIN. 373 

first meeting. It shall be competent for the commissioners 
to decide in each case whether any claim has or has not 
been duly made, preferred, and laid before them, either 
wholly or to any and what extent, according to the true 
intent and meaning of this treaty. 

ARTICLE XV. 

All sums of money which may be awarded by the com- 
missioners on account of any claim shall be paid by the 
one Government to the other, as the case may be, within 
twelve months after the date of the final award, without 
interest, and without any deduction, save as specified in 
Article XVI of this treaty. 

ARTICLE XVT. 

The commissioners shall keep an accurate record, and 
correct minutes or notes of all their proceedings with the 
dates thereof, and may appoint or employ a secretary, and 
any other necessary officer or officers to assist them in the 
transaction of the business which may come before them. 

Each Government shall pay its own commissioner and 
agent or counsel. All other expenses shall be defrayed by 
the two Governments in equal moieties. 

The whole expenses of the commission, including con- 
tingent expenses, shall be defrayed by a ratable deduction 
on the amount of the sums awarded by the commissioners, 
provided always that such deduction shall not exceed the 
rate of five per cent, on the sums so awarded. 

ARTICLE XVII. 

The high contracting parties engage to consider the 
result of the proceedings of this commission as a full, per- 
fect, and final settlement of all such claims as are men- 
tioned in Article XII of this treaty upon either Govern- 
ment ; and further engage that every such claim, whether 
or not the same may have been presented to the notice of, 
made, preferred, or laid before the said commission, shall, 



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376 UNITED STATES AND GREAT BRITAIN. 

kinds, (except fish, of the inland lakes, and of the rivers 
falling into them, and except fish preserved in oil,) being 
the produce of the fisheries of the « United States, or of 
the Dominion of Canada, or of Prince Edward's Island, 
shall be admitted into each country, respectively, free of 
duty. 

ARTICLE XXH. 

Inasmuch as it is asserted by the Government of her 
Britannic Majesty that the privileges accorded to the citi- 
zens of the United States under Article XVIII of this 
treaty are of greater value than those accorded by Articles 
XIX and XXI of this treaty to the subjects .of her Bri- 
tannic Majesty, and this assertion is not admitted by the 
Government of the United States, it is further agreed 
that commissioners shall be appointed to determine, having 
regard to the privileges accorded by the United States to 
the subjects of her Britannic Majesty, as stated in Articles 
XIX and XXI of this treaty, the amount of any compen- 
sation which, in their opinion, ought to be paid by the 
Government of the United States to the Government of 
her Britannic Majesty in return for the privileges accorded 
to the citizens of the United States under Article XVIII 
of this treaty ; and that any sum of money which the 
said commissioners may so award shall be paid by the 
United States Government, in a gross sum, within twelve 
months after such award shall have been given. 

ARTICLE XXIII. 

The commissioners referred to in the preceding article 
shall be appointed in the following manner, that is to say: 
one commissioner shall be named by the President of the 
United States, one by her Britannic Majesty, and a third 
by the President of the United States and her Britannic 
Majesty conjointly, and in case the third commissioner 
shall not have been so named within a period of three 
months from the date when this article shall take effect, 
then the third commissioner shall be named by the repre- 



UNITED STATES AND GREAT BRITAIN. 377 

sentative at London of his Majesty the Emperor of Austria 
and King of Hungary. In case of the death, absence, or 
incapacity of any commissioner, or in the event of any 
commissioner omitting or ceasing to act, the vacancy shall 
be filled in the manner hereinbefore provided for making 
the original appointment, the period of three months in 
case of such substitution being calculated from the date of 
the happening of the vacancy. 

The commissioners so named shall meet in the city of 
Halifax, in the province of Nova Scotia, at the earliest 
convenient period after they have been respectively named, 
and shall, before proceeding to any business, make and 
subscribe a solemn declaration that they will impartially 
and carefully examine the matters referred to them to the 
best of their judgment, and according to justice and 
equity; and such declaration shall be entered on the record 
of their proceedings. 

Each of the high contracting parties shall also name 
one person to attend the commission as its agent, to repre- 
sent it generally in all matters connected with the com- 
mission. 

ARTICLE XXIV. 

The proceedings shall be conducted Jn such order as the 
commissioners appointed under Articles XXII and XXIII 
of this treaty shall determine. They shall be bound to 
receive such oral or written testimony as either Govern- 
ment may present. If either party shall offer oral 
testimony, the other party shall have the right of cross- 
examination, under such rules as the commissioners shall 
prescribe. 

If in the case submitted to the commissioners either 
party shall have specified or alluded to any report or docu- 
ment in its own exclusive possession, without annexing a 
copy, such party shall be bound, if the other party thinks 
proper to apply for it, to furnish that party with a copy 
thereof; and either party may call upon the other, 
through the commissioners, to produce the originals or 
certified copies of any papers adduced as evidence, giving 
32 



378 UNITED SEATES AND GREAT BRITAIN. 

in each instance such reasonable notice as the commission- 
ers may require. 

The case on either side shall he closed within a period 
of six months from the date of "the organization of the 
commission, and the commissioners shall be requested to 
give their award as soon as possible thereafter. The 
aforesaid period of six months may be extended for three 
months in case of a vacancy occurring among the commis- 
sioners under the circumstances contemplated in Article 
XXIII of this treaty. 

ARTICLE XXV. 

The commissioners shall keep an accurate record and 
correct minutes or notes of all their proceedings, with the 
dates thereof, and may appoint and employ a secretary 
and any other necessary officer or officers to assist them 
in the transaction of the business which may come before 
them. 

Each of the high contracting parties shall pay its own 
commissioner and agent or counsel ; all other expenses 
shall be defrayed by the two Governments in equal 
moieties. 

ARTICLE XXVI. 

The navigation of the river St. Lawrence, ascending 
and descending, from the forty-fifth parallel of north lati- 
tude, where it ceases to form the boundary between the 
two countries, from, to, and into the sea, shall forever 
remain free and open for the purposes of commerce to the 
citizens of the United States, subject to any laws and reg- 
ulations of Great Britain, or of the Dominion of Canada, 
not inconsistent with such privilege of free navigation. 

The navigation of the rivers Yukon, Porcupine, and 
Stikine, ascending and descending, from, to, and into the 
sea, shall forever remain free and open for the purposes 
of commerce to the subjects of her Britannic Majesty and 
to the citizens of the United States, subject to any laws 
and regulations of either country within its own territory, 
not inconsistent with such privilege of free navigation. 



UNITED STATES AND GREAT BRITAIN. 379 



ARTICLE XXYJI. 

The Government of her Britannic Majesty engages to 
urge upon the Government of the Dominion of Canada 
to secure to the citizens of the United States the use of 
the Welland, St. Lawrence, and other canals in the 
Dominion on terms of equality with the inhabitants of 
the Dominion ; and the Government of the United States 
engages that the subjects of her Britannic Majesty shall 
enjoy the use of the St. Clair Flats canal on terms of 
equality with the inhabitants of the United States, and 
further engages to urge upon the State governments to 
secure to the subjects of her Britannic Majesty the use 
of the several State canals connected with the navigation 
of the lakes or rivers traversed by or contiguous to the 
boundary line between the possessions of the high con- 
tracting parties, on terms of equality with the inhabitants 
of the United States. 

ARTICLE XXVIII. 

The navigation of Lake Michigan shall also, for the 
term of years mentioned in Article XXXIII of this 
treaty, be free and open for the purposes of commerce to 
the subjects of her Britannic Majesty, subject to any laws 
and regulations of the United States or of the States bor- 
dering thereon, not inconsistent with such privilege of free 
navigation. 

ARTICLE XXIX. 

It is agreed that, for the term of years mentioned in 
Article XXXIII of this treaty, goods, wares, or merchan- 
dise arriving at the ports of New York, Boston, and Port- 
land, and any other ports in the United States which have 
been or may, from time to time, be specially designated 
by the President of the United States, and destined for 
her Britannic Majesty's possessions in Xorth America, 
may be entered at the proper custom-house and conveyed 
in transit, without the payment of duties, through the 
territory of the United States, under such rules, regula- 



380 UNITED STATES AND GREAT BRITAIN. 

tions, and conditions for the protection of the revenue as 
the Government of the United States may, from time to 
time, prescribe ; and under like rules, regulations, and 
conditions, goods, wares, or merchandise may be conveyed 
in transit, without the payment "of duties, from such pos- 
sessions through the territory of the United States for 
expert from the said ports of the United States. 

It is further agreed that, for the like period, goods, 
wares, or merchandise arriving at any of the ports of her 
Britannic Majesty's possessions in North America, and 
destined for the United States, may be entered at the 
proper custom-house and conveyed in transit, without the 
payment of duties, through the said possessions, under 
such rules and regulations and conditions for the protection 
of the revenue as the Governments of the said possessions 
may, from time to time, prescribe ; and, under like rules, 
regulations, and conditions, goods, wares, or merchandise 
may be conveyed in transit, without payment of duties, 
from the United States through the said possessions to 
other places in the United States, or for export from ports 
in the said possessions. 

ARTICLE XXX. 

It is agreed that, for the term of years mentioned in 
Article XXXIII of this treaty, subjects of her Britannic 
Majesty may carry in British vessels, without payment of 
duty, goods, wares, or merchandise from one port or place 
within the territory of the United States upon the St. 
Lawrence, the great lakes, and the rivers connecting the 
same, to another port or place within the territory of the 
United States as aforesaid ; provided, that a portion of 
such transportation is made through the Dominion of Can- 
ada by land carriage and in bond, under such rules and 
regulations as may be agreed upon between the Govern- 
ment of her Britannic Majesty and the Government of the 
United States. 

Citizens of the United States may, for the like period, 
carry in United States vessels, without payment of duty, 
goods, wares, or merchandise from one port or place within 



UNITED STATICS AND GREAT KRITAIN. 381 

the possessions of her Britannic Majesty in North America 
to another port or place within the said possessions; pro- 
vided, that a portion of such transportation is made 
through the territory of the United States by land carriage 
and in bond, under such rules and regulations as may be 
agreed upon between the Government of the United Suites 
and the Government of her Britannic Majesty. 

The Government of the United States further engages 
not to impose any export duties on goods, wares, or 
merchandise carried under this article through the territory 
of the United States; and her Majesty's Government 
engages to urge the Parliament of the Dominion of Can- 
ada and the legislatures of the other colonics not to impose 
any export duties on goods, wares, or merchandise carried 
under this article; and the Government of the United 
States may, in case such export duties are imposed by the 
Dominion of Canada, suspend, during the period that 
such duties are imposed, the right of carrying granted 
under this article in favor of the subjects of her Britannic 
Majesty. 

The Government of the United States may suspend the 
right of carrying granted in favor of the subjects of her 
Britannic Majesty, under this article, in case the Domin- 
ion of Canada should at any time deprive the citizens of 
the United States of the use of the canals in the said 
Dominion on terms of equality with the inhabitants of 
the Dominion, as provided in Article XXVII. 

ARTICLE XXXI. 

The Government of her Britannic Majesty further 
engages to urge upon the Parliament of the Dominion of 
Canada and the Legislature of New Brunswick that no 
export duty, or other duty, shall be levied on lumber or 
timber of any kind cut on that portion of the American 
territory in the State of Maine watered by the river St. 
John and its tributaries, and floated down that river to 
the sea, when the same is shipped to the United States 
from the province of New Brunswick. And in case any 
such export or other duty continues to be levied after the 



382 UNITED STATES AND GREAT BRITAIN. 

expiration of one year from the date of the exchange of 
the ratifications of this treaty, it is agreed that the Gov- 
ernment of the United States may suspend the right of 
carrying hereinbefore granted under Article XXX of 
this treaty for such period as such export or other duty 
may be levied. 

ARTICLE XXXII. 

It is further agreed that the provisions and stipulations 
of Articles XVIII to XXV of this treaty, inclusive, shall 
extend to the colony of Newfoundland, so far as they are 
applicable. But if the Imperial Parliament, the Legis- 
lature of Newfoundland, or the Congress of the United 
States, shall not embrace the colony of Newfoundland in 
their laws enacted for carrying the foregoing articles into 
effect, then this article shall be of no effect; but the omis- 
sion to make provision by law to give it effect, by either 
of the legislative bodies aforesaid, shall not in any way 
impair any other articles of this treaty. 

ARTICLE XXXIII. 

The foregoing Articles XVIII to XXV inclusive, and 
Article XXX of this treaty, shall take effect as soon as 
the laws required to carry them into operation shall have 
been passed by the Imperial Parliament of Great Britain, 
by the Parliament of Canada, and by the Legislature of 
Prince Edward's Island on the one, hand, and by the 
Congress of the United States on the other. Such assent 
having been given, the said articles shall remain in force 
for the period of ten years from the date at which they 
may come into operation ; and further, until the expira- 
tion of two years after either of the high contracting 
parties shall have given notice to the other of its wish to 
terminate the same, each of the high contracting parties 
being at liberty to give such notice to the other at the 
end of the said period of ten years, or at any time after- 
ward. 



UNITED STATES AND GREAT BRITAIN. 383 

ARTICLE XXXIV. 

Whereas it was stipulated by Article I of the treaty 
concluded at Washington on the 15th of June, 1846, 
between the United States and her Britannic Majesty, that 
the line of boundary between the territories of the United 
States and those of her Britannic Majesty, from the point 
on the forty-ninth parallel of north latitude up to which it 
had already been ascertained, should be continued west- 
ward along the said parallel of north latitude " to the 
middle of the channel which separates the continent from 
Vancouver's Island, and thence southerly, through the 
middle of the said channel and of Fuca straits, to the 
Pacific ocean ; " and whereas the commissioners appointed 
by the two high contracting parties to determine that 
portion of the boundary which runs southerly through the 
middle of the channel aforesaid were unable to agree upon 
the same ; and whereas the Government of her Britannic 
Majesty claims that such boundary line should, under the 
terms of the treaty above recited, be run through the 
Rosario straits, and the Government of the United States 
claims that it should be run through the Canal de Haro, 
it is agreed that the respective claims of the Government 
of the United States and of the Government of her Bri- 
tannic Majesty shall be submitted to the arbitration and 
award of his Majesty the Emperor of Germany, who, 
having regard to the above-mentioned article of the said 
treaty, shall decide thereupon, finally and without appeal, 
which of those claims is most in accordance with the true 
interpretation of the treaty of June 15, 1846. 

ARTICLE XXXV. 

The award of his Majesty the Emperor of Germany 
shall be considered as absolutely final and conclusive ; 
and full effect shall be given to such award without any 
objection, evasion, or delay whatsoever. Such decision 
shall be given in writing and dated ; it shall be in what- 
soever form his Majesty may choose to adopt ; it shall be 
delivered to the representatives or other public agents of 



384 UNITED STATES AND GREAT BRITAIN. 

the United States and of Great Britain, respectively, who 
may be actually at Berlin, and shall be considered as 
operative from the day of the date of the delivery thereof. 

ARTICLE XXXVI. 

The written or printed case of each of the two parties, 
accompanied by the evidence offered in support of the 
same, shall be laid before his Majesty the Emperor of 
Germany within six months from the date of the exchange 
of the ratifications of this treaty, and a copy of such case 
and evidence shall be communicated by each party to the 
other, through their respective representatives at Berlin. 

The high contracting parties may include in the evidence 
to be considered by the arbitrator such documents, official 
correspondence, and other official or public statements 
bearing on the subject of the reference as they may con- 
sider necessary to the support of their respective cases. 

After the written or printed case shall have been com- 
municated by each party to the other, each party shall 
have the power of drawing up and laying before the arbi- 
trator a second and definite statement, if it think fit to do 
so, in reply to the case of the other party so communi- 
cated, which definite statement shall be so laid before the 
arbitrator, and also be mutually communicated in the 
same manner as aforesaid, by each party to the other, 
within six months from the date of laying the first state- 
ment of the case before the arbitrator. 



ARTICLE XXXVII. 

If, in the case submitted to the arbitrator, either party 
shall specify or allude to any report or document in its 
own exclusive possession without annexing a copy, such 
party shall be bound, if the other party thinks proper to 
apply for it, to furnish that party with a copy thereof, 
and either party may call upon the other, through the 
arbitrator, to produce the originals or certified copies of 
any papers adduced as evidence, giving in each instance 



UNITED STATES AND GREAT BRITAIN. 385 

such reasonable notice as the arbitrator may require. 
And if the arbitrator should desire further elucidation or 
evidence with regard to any point contained in the state- 
ments laid before him, he shall be at liberty to require it 
from either party, and he shall be at liberty to hear one 
counsel or agent for each party, in relation to any matter, 
and at such time and in such manner as he may think fit. 

ARTICLE XXXVIII. 

The representatives or other public agents of the United 
States and of Great Britain at Berlin, respectively, shall 
be considered as the agents of their respective Govern- 
ments to conduct their cases before the arbitrator, who 
shall be requested to address all his communications and 
give all his notices to such representatives or other public 
agents who shall represent their respective Governments, 
generally, in all matters connected with the arbitration. 

ARTICLE XXXIX. 

It shall be competent to the arbitrator to proceed in the 
said arbitration, and all matters relating thereto, as and 
when he shall see fit, either in person, or by a person or 
persons named by him for that purpose, either in the 
presence or absence of either or both agents, and either 
orally or by written discussion or otherwise. 

ARTICLE XL. 

The arbitrator may, if he think fit, appoint a secretary, 
or clerk, for the purposes of the proposed arbitration, at 
such rate of remuneration as he shall think proper. This, 
and all other expenses of and connected with the said 
arbitration, shall be provided for as hereinafter stipulated. 

ARTICLE XLI. 

The arbitrator shall be requested to deliver, together 
with his award, an account of all the costs and expenses 
33 



386 UNITED STATES AND GREAT BRITAIN. 

which he may have heen put to in relation to this matter, 
which shall forthwith be repaid by the two Governments 
in equal moieties. 

ARTICLE XLII. 

The arbitrator shall be requested to give his award in 
writing as early as convenient after the whole case on 
each side shall have been laid before him, and to deliver 
one copy thereof to each of the said agents. 

ARTICLE XLIII. 

The present treaty shall be duly ratified by the Presi- 
dent of the United States of America, by and with the 
advice and consent of the Senate thereof, and by her 
Britannic Majesty ; and the ratifications shall be exchanged 
either at Washington or at London within six months from 
the date hereof, or earlier if possible. 

In faith whereof, we, the respective plenipotentiaries, 
have signed this treaty and have hereunto affixed our 
seals. 

Done in duplicate at Washington the 8th day of May, 
in the year of our Lord 1871. 

Hamilton Fish. 
Robert C. Schenck:. 
Samuel Nelson, 
Ebenezer Rockwood Hoar. 
George H. Williams. 
De Grey & Ripox. 
* Stafford H. Northcote. 
Edward Thornton. 
John A. Macdonald. 
Mountague Bernard. 

And whereas the said treaty has been duly ratified on 
both parts, and the respective ratifications of the same 
were exchanged in the city of London, on the 17th day 
of June, 1871, by Robert C. Schenck, envoy extraordinary 
and minister plenipotentiary of the United States, and 



UNITED STATES AND GREAT BRITAIN. 387 

Earl Granville, her Majesty's principal Secretary of State 
for Foreign Affairs, on the part of their respective Gov- 
ernments : 

Now, therefore, be it known that I, Ulysses S. Grant, 
President of the United States of America, have caused 
the said treaty to be made public, to the end that the 
same, and every clause and article thereof, may be ob- 
served and fulfilled with good faith by the United States 
and the citizens thereof. 

In witness whereof, I have hereunto set my hand and 
caused the seal of the United States to be affixed. 

Done at the city of "Washington this 4th day of July, 
^q™ in the year of our Lord 1871, and of the 
tf) skal. (D Independence of the United States the ninetv- 
feeeea sixth. 

U. S. Grant. 

By the President: 

Hamilton Fish, 

Secretary of State. 



Arbitrator on the part of the United States — Charles Fran- 
cis Adams. 

Arbitrator on the part of Great Britain — The Right Honor- 
able Sir Alexander Cockburn, Baronet, Lord Chief Justice of 
England. 

Arbitrator on the part of Italy — His Excellency Senator 
Count Sclopis. 

Arbitrator on the part of Sicitzerland — Mr. Jacob Stampfli. 

Arbitrator on the part of Brazil — Baron D'Itajcba. 

Agent on the part of the United States — J. C. Bancroft 
Davis. 

Agent on the part of Great Britain — Right Honorable Lord 
Tenterden. 

Counsel for the United States — Caleb Cushing, William 
M. Evarts, Morrison R. Waite. 

Counsel for Great Britain — Sir Roundell Palmer. 

Solicitor for the United States — Charles C. Beaman, Jr 



ENFORCEMENT ACT. 



An Act to enforce the right of citizens of the United States to 
vote in the several States of this Union, and for other pur- 
poses. 

Be it enacted by the Senate ami House of Representatives of 
the United States of America in Congress assembled, That all 
citizens of the United States who are or shall be otherwise 
qualified by law to vote at any election by the people in 
any State, Territory, district, county, city, parish, township, 
school district, municipality, or other territorial subdivision, 
shall be entitled and allowed to vote at all such elections, 
without distinction of race, color, or previous condition of 
servitude; any constitution, law, custom, usage, or regula- 
tion of any State or Territory, or by or under its authority, 
to the contrary notwithstanding. 

Sec. 2. And be it further enacted, That if by or under the 
authority of the constitution or laws of any State, or the 
laws of any Territory, any act is or shall be required to be 
done as a prerequisite or qualification for voting, and by 
such constitution or laws persons or officers are or shall be 
charged with the performance of duties in furnishing to 
citizens an opportunity to perform such prerequisite, or to 
become qualified to vote, it shall be the duty of every such 
person and officer to give to all citizens of the United States 
the same and equal opportunity to perform such prere- 
quisite, and to become qualified to vote without distinction 
of race, color, or previous condition of servitude ; and if 
any such person or officer shall refuse or knowingly omit 
to give full effect to this section, he shall, for every such 
offense, forfeit and pay the sum of five hundred dollars to 
the person aggrieved thereby, to be recovered by an action 
on the case, with full costs and such allowance for counsel 
fees as the court shall deem just, and shall also, for every 
such offense, be deemed guilty of a misdemeanor, and shall, 
388 



ENFORCEMENT ACT. 389 

on conviction thereof, be fined not less than five hundred 
dollars, or be imprisoned not less than one month and not 
more than one year, or both, at the discretion of the 
court. 

Sec. 3. And be it further enacted, That whenever, by or 
under the authority of the constitution or laws of any 
State, or the laws of any Territory, any act is or shall be 
required to [be] done by any citizen as a prerequisite to 
qualify or entitle him to vote, the offer of any such citizen 
to perform the act required to be done as aforesaid shall, 
if it fail to be carried into execution by reason of the 
wrongful act or omission aforesaid of the person or officer 
charged with the duty of receiving or permitting such per- 
formance or offer to perform or acting thereon, be deemed 
and held as a performance in law of such act; and the 
person so offering and failing as aforesaid, and being other- 
wise qualified, shall be entitled to vote in the same manner, 
and to the same extent, as if he had in fact performed such 
act ; and any judge, inspector, or other officer of election whose 
duty it is or shall be to receive, count, certify, register, re- 
port, or give effect to the vote of any such citizen who shall 
wrongfully refuse or omit to receive, count, certify, register, 
report, or give effect to the vote of such citizen upon the 
presentation by him of his affidavit stating such offer and 
the time and place thereof, and the name of the officer or 
person whose duty it was to act thereon, and that he was 
wrongfully prevented by such person or officer from per- 
forming such act, shall for every such offense forfeit and 
pay the sum of five hundred dollars to the person ag- 
grieved thereby, to be recovered by an action on the case, 
with full costs and such allowance for counsel fees as the 
court shall deem just, and shall also for every such offense 
be guilty of a misdemeanor, and shall, on conviction thereof, 
be fined not less than five hundred dollars, or be imprisoned 
not less than one month and not more than one year, or 
both, at the discretion of the court. 

Sec. 4. And be it further enacted, That if any person, by 
force, bribery, threats, intimidation, or other unlawful 
means, shall hinder, delay, prevent, or obstruct, or shall 
combine and confederate with others to hinder, delay, pre- 



390 ENFOKCEMENT ACT. 

vent, or obstruct, any citizen from doing any act required 
to be done to qualify him to vote or from voting at. any 
election as aforesaid, such person shall for every such 
offense forfeit and pay the sum of five hundred dollars to 
the person aggrieved thereby, to be recovered by an action 
on the case, with full costs and such allowance for counsel 
fees as the court shall deem just, and shall also for every 
such offense be guilty of a misdemeanor, and shall, on con- 
viction thereof, be fined not less than five hundred dollars, 
or be imprisoned not less than one month and not more 
than one year, or both, at the discretion of the court. 

Sec. 5. And be it further enacted, That if any person 
shall prevent, hinder, control, or intimidate, or shall at- 
tempt to prevent, hinder, control, or intimidate, any person 
from exercising or in exercising the right of suffrage, to 
whom the right of suffrage is secured or guaranteed by the 
fifteenth amendment to the Constitution of the United- 
States, by means of bribery, threats, or threats of depriv- 
ing such person of employment or occupation, or of eject- 
ing such person from rented house, lands, or other property, 
or by threats of refusing to renew leases or contracts for 
labor, or by threats of violence to himself or family, such 
person so offending shall be deemed guilty of a misde- 
meanor, and shall, on conviction thereof, be fined not less 
than five hundred dollars, or be imprisoned not less than 
one month, and not more than one year, or both, at the 
discretion of the court. 

Sec. 6. And be it further enacted, That if two or more 
persons shall band or conspire together, or go in disguise 
upon the public highway, or upon the premises of another, 
with intent to violate any provision of this act, or to injure, 
oppress, threaten, or intimidate any citizen with intent to 
prevent or hinder his free exercise and enjoyment of any 
right or privilege granted or secured to him by the Consti- 
tution or laws of the United States, or because of his having 
exercised the same, such persons shall be held guilty of 
felony, and, on conviction thereof, shall be fined or im- 
prisoned, or both, at the discretion of the court — the fine 
not to exceed five thousand dollars, and the imprisonment 
not to exceed ten years — and shall, moreover, be thereafter 



ENFORCEMENT ACT. 391 

ineligible to, and disabled from holding, any office or place 
of honor, profit, or trust created by the Constitution or 
laws of the United States. 

Sec. 7. And be it further enacted, That if in the act of 
violating any provision in either of the two preceding sec- 
tions, any other felony, crime, or misdemeanor shall be 
committed, the offender, on conviction of such violation of 
said sections, shall be punished for the same with such 
punishments as are attached to the said felonies, crimes, 
and misdemeanors by the laws of the State in which the 
offense may be committed. 

Sec. 8. And be it further enacted, That the district courts 
of the United States, within their respective districts, shall 
have, exclusively of the courts of the several States, cog- 
nizance of all* crimes and offenses committed against the 
provisions of this act, and also, concurrently with the cir- 
cuit courts of the United States, of all causes, civil and 
criminal, arising under this act, except as herein otherwise 
provided, and the jurisdiction hereby conferred shall be 
exercised in conformity with the laws and practice govern- 
ing United States courts ; and all crimes and offenses com- 
mitted against the provisions of this act may be prosecuted 
by the indictment of a grand jury, or, in cases of crimes 
and offenses not infamous, the prosecution may be either 
by indictment or information filed by the district attorney 
in a court having jurisdiction. 

Sec. 9. And be it further enacted, That the district attor- 
neys, marshals, and deputy marshals of the United States, 
the commissioners appointed by the circuit and territorial 
courts of the United States, with powers of arresting, im- 
prisoning, or bailing offenders against the laws of the 
United States, and every other officer who may be specially 
empowered by the President of the United States, shall be, 
and they are hereby, specially authorized and required, at 
the expense of the" United States, to institute proceedings 
against all and every person who shall violate the provis- 
ions of this act, and cause him or them to be arrested and 
imprisoned, or bailed, as the case may be, for trial before 
such court of the United States or territorial court as has 
cognizance of the offense. And with a view to afford 



392 ENFORCEMENT ACT. 

reasonable protection to all persons in their constitutional, 
right to vote without distinction of race, color, or previous 
condition of servitude, and to the prompt discharge of the 
duties of this act, it shall be the duty of the circuit courts 
of the United States, and the superior courts of the Terri- 
tories of the United States, from time to time, to increase 
the number of commissioners, so as to afford a speedy and 
convenient means for the arrest and examination of persons 
charged with a violation of this act ; and such commission- 
ers are hereby authorized and required to exercise and dis- 
charge all the powers and duties conferred on them by this 
act, and the same duties with regard to offenses created by 
this act as they are authorized by law to exercise with 
regard to other offenses against the laws of the United 
States. 

Sec. 10. And be it further enacted, That it shall be the 
duty of all marshals and deputy marshals to obey and exe- 
cute all warrants and precepts issued under the provisions 
of this act, when to them directed ; and should any marshal 
or deputy marshal refuse to receive such warrant or other pro- 
cess when tendered, or to use all proper means diligently to 
execute the same, he shall, on conviction thereof, be fined in 
the sum of one thousand dollars, to the use of the person de- 
prived of the rights conferred by this act. And the better to 
enable the said commissioners to execute their duties faith- 
fully and efficiently, in conformity with the Constitution of 
the United States and the requirements of this act, they 
are hereby authorized and empowered, within their dis- 
tricts respectively, to appoint, in writing, under their hands, 
any one or more suitable persons, from time to time, to 
execute all such warrants and other process as may be 
issued by them in the lawful performance of their respect- 
ive duties, and the persons so appointed to execute any 
warrant or process as aforesaid shall have authority to 
summon and call to their aid the bystanders or posse 
comitatus of the proper county, or such portion of the land 
or naval forces of the United States, or of the militia, as 
may be necessary to the performance of the duty with 
which they are charged, and to insure a faithful observance 
of the fifteenth amendment to the Constitution of the 



ENFORCEMENT ACT. 393 

United States ; and such warrants shall run and be exe- 
cuted by said officers anywhere in the State or Territory 
within which they are issued. 

Sec. 11. And be it further enacted, That any person who 
shall knowingly and willfully obstruct, hinder, or prevent 
any officer or other person charged with the execution of 
any warrant or process issued under the provisions of this 
act, or any person or persons lawfully assisting him or 
them from arresting any person for whose apprehension 
such warrant or process may have been issued, or shall 
rescue or attempt to rescue such~person from the custody 
of the officer or other person or persons, or those lawfully 
assisting as aforesaid, when so arrested pursuant to the 
authority herein given and declared, or shall aid, abet, or 
assist any person so arrested as aforesaid, directly or indi- 
rectly, to escape from the custody of the officer or other 
person legally authorized as aforesaid, or shall harbor or 
conceal any person for whose arrest a warrant or process 
shall have been issued as aforesaid, so as to prevent his 
discovery and arrest after notice or knowledge of the fact 
that a warrant has been issued for the apprehension of such 
person, shall, for either of said offenses, be subject to a fine 
not exceeding one thousand dollars, or imprisonment not 
exceeding six months, or both, at the discretion of the 
court, on conviction before the district or circuit court of 
the United States for the district or circuit in which said 
offense may have been committed, or before the proper 
court of criminal jurisdiction, if committed within any 
one of the organized Territories of the United States. 

Sec. 12. And be it further enacted, That the commission- 
ers, district attorneys, the marshals, their deputies, and the 
clerks of the said district, circuit, and territorial courts 
shall be paid for their services the like fees as may be 
allowed to them for similar services in other cases. The 
person or persons authorized to execute the process to be 
issued by such commissioners for the arrest of offenders 
against the provisions of this act shall be entitled to the 
usual fees allowed to* the marshal for an arrest for each 
person he or they may arrest and take before any such 
commissioner as aforesaid, with such other fees as may be 



394 ENFOKCEMENT ACT. 

deemed reasonable by such commissioner for such other 
additional services as may be necessarily performed by him 
or them, such as attending at the examination, keeping the 
prisoner in custody, and providing him with food and 
lodging during his detention and until the final determina- 
tion of such commissioner, and in general for performing 
such other duties as may be required in the premises; such 
fees to be made up in conformity with the fees usually 
charged by the officers of the courts of justice within the 
proper district or county as near as may lie practicable, and 
paid out of the treasury of the United States on the cer- 
tificate of the judge of the district within which the arrest 
is made, and to be recoverable from the defendant as part 
of the judgment in case of conviction. 

Sec. 13. And be it further enacted, That it shall be law- 
ful for the President of the United States to employ such 
part of the land or naval forces of the United States, or of 
the militia, as shall be necessary to aid in the execution of 
judicial process issued under this act. 

Sec. 14. And be it further enacted, That whenever any 
person shall hold office, except as a member of Congress or 
of some State legislature, contrary to the provisions of the 
third section of the fourteenth article of amendment of the 
Constitution of the United States, it shall be the duty of 
the district attorney of the United States for the district 
in which such person shall hold office, as aforesaid, to pro- 
ceed against such person, by writ of quo warranto, return- 
able to the circuit or district court of the United States in 
such district, and to prosecute the same to the removal of 
such person from office; and any writ of quo warranto so 
brought, as aforesaid, shall take precedence of all other 
c;is<s on the docket of the court to which it is made return- 
able, and shall not be continued unless for cause proved to 
the satisfaction of the court. 

Sec. 15. And be it further enacted, That any person who 
shall hereafter knowingly accept or hold any office under 
the United States, or any State to which he is ineligible 
under the third section of the fourteenth article of amend- 
ment of the Constitution of the United States, or who shall 
attempt to hold or exercise the duties of any such office.. 



ENFORCEMENT ACT. 395 

pliall be deemed guilty of a misdemeanor against the United 
States, and upon conviction thereof before the circuit or 
district court of the United States, shall be imprisoned not 
more than one year, or fined not exceeding one thousand 
dollars, or both, at the discretion of the court. 

Sec. 16. And be it further enacted, That all persons within 
the jurisdiction of the United States shall have the same 
right in every State and Territory in the United Stales to 
make and enforce contracts, to sue, be parties, give evi- 
dence, and to the full and equal benefit of all laws and 
proceedings for the security of person and property as is 
enjoyed by white citizens, and shall be subject to like 
punishment, pains, penalties, taxes, licenses, and exactions 
of every kind, and none other, any law, statute, ordinance, 
regulation, or custom to the contrary notwithstanding. No 
tax or charge shall be imposed or enforced' by any State 
upon any person immigrating thereto from a foreign country 
which is not equally imposed and enforced upon every person 
immigrating to such State from any other foreign country ; 
and any law of any State in conflict with this provision is 
hereby declared null and void. 

Sec. 17. And be it further enacted, That any person who, 
under color of any law, statute, ordinance, regulation, or 
custom, shall subject, or cause to be subjected, any inhab- 
itant of any State or Territory to the deprivation of any 
right secured or protected by the last preceding section of 
this act, or to different punishment, pains, or penalties on 
account of such person being an alien, or by reason of his 
color or race, than is prescribed for the punishment of citi- 
zens, shall be deemed guilty of a misdemeanor, and, on 
conviction, shall be punished by fine not exceeding one 
thou.- and dollars, or imprisonment not exceeding one year, 
or both, at the discretion of the court. 

Sec. 18. And be it further enacted, That the act to protect 
all persons in the United States in their civil rights, and 
furnish the means of their vindication, passed April nine, 
eighteen hundred and sixty-six, is hereby re-enacted ; and 
sections sixteen and seventeen hereof shall be enforced 
according to the provisions of said act. 

Sec. 19. And be it further enacted, That if at any elec- 



396 ENFORCEMENT ACT. 

tion for representative or delegate in the Congress of the 
United States any person shall knowingly personate and 
vote, or attempt to vote, in the name of any other person, 
whether living, dead, or fictitious ; or vote more than once 
at the same election for any candidate for the same office ; 
or vote at a place where he may not be lawfully entitled 
to vote ; or vote without having a lawful right to vote ; or 
do any unlawful act to secure a right or an opportunity to 
vote for himself or any other person ; or by force, threat, 
menace, intimidation, bribery, reward, or offer, or promise 
thereof, or otherwise unlawfully prevent any qualified 
voter of any State of the United States of America, or of 
any Territory thereof, from freely exercising the right of 
suffrage, or by any such means induce any voter to refuse 
to exercise such right ; or compel or induce by any such 
means, or otherwise, any officer of an election in any such 
State or Territory to receive a vote from a person not 
legally qualified or entitled to vote; or interfere in any 
manner with any officer of said elections in the discharge 
of his duties ; or by any of such means, or other unlawful 
means, induce any officer of an election, or officer whose 
duty it is to ascertain, announce, or declare the result of 
any such election, or give or make any certificate, docu- 
ment, or evidence in relation thereto, to violate or refuse 
to comply with his duty, or any law regulating the same; 
or knowingly and willfully receive the vote of any person 
not entitled to vote, or refuse to receive the vote of any 
person entitled to vote ; or aid, counsel, procure, or advise 
any such voter, person, or officer to do any act hereby made 
a crime, or to omit to do any duty the omission of which is 
hereby made a crime, or attempt to do so, every such per- 
son shall be deemed guilty of a crime, and shall for such 
crime be liable to prosecution in any court of the United 
States of competent jurisdiction, and, on conviction thereof, 
shall be punished by a fine not exceeding five hundred 
dollars, or by imprisonment for a term not exceeding three 
years, or both, in the discretion of the court, and shall pay 
the costs of prosecution. 

Sec. 20. And be it further enacted, That if, at any regis- 
tration of voters for an election for representative or dele- 



ENFORCEMENT ACT. 397 

gate in the Congress of the United States, any person shall 
knowingly personate and register, or attempt to register, in 
the name of any other person, whether living, dead, or 
fictitious, or fraudulently register, or fraudulently attempt 
to register, not having a lawful right so to do; or do any 
unlawful act to secure registration for himself or any other 
person ; or by force, threat, menace, intimidation, bribery, 
reward, or offer, or promise thereof, or other unlawful 
means, prevent or hinder any person having a lawful right 
to register from duly exercising such right; or compel or 
induce, by any of such means, or other unlawful means, 
any officer of registration to admit to registration any per- 
son not legally entitled thereto, or interfere in any manner 
with any officer of registration in the discharge of his 
duties, or by any such means, or other unlawful means, 
induce any officer of registration to violate or refuse to 
com ply with his duty, or any law regulating the same; or 
knowingly and willfully receive the vote of any person not 
entitled to vote, or refuse to receive the vote of any person 
entitled to vote, or aid, counsel, procure, or advise any 
such voter, person, or officer to do any act hereby made a 
crime, or to omit any act, the omission of which is hereby 
made a crime, every such person shall be deemed guilty 
of a crime, and shall be liable to prosecution and punish- 
ment therefor, as provided in section nineteen of this act 
for persons guilty of an ,r of the crimes therein specified: 
Provided, That every registration made under the laws of 
any State or Territory, for any State or other election at 
which such representative or delegate in Congress shall be 
chosen, shall be deemed to be a registration within the 
meaning of this act, notwithstanding the same shall also 
be made for the purposes of any State, territorial, or muni- 
cipal election. 

Sec. 21. And be it j wilier enacted, That whenever, by 
the laws of any State or Territory, the name of any candi- 
date or person to be voted for as representative or delegate 
in Congress shall be required to be printed, written, or 
contained in any ticket or ballot with other candidates or 
persons to be voted for at the same election for State, ter- 
ritorial, municipal, or local officers, it shall be sufficient 



398 ENFORCEMENT ACT. 

prima facie evidence, either for the purpose of indicting: or 
convicting any person charged with voting, or attempting 
or offering to vote, unlawfully under the provisions of the 
preceding sections, or for committing either of the offenses 
thereby created, to prove that the person so charged or 
indicted, voted, or attempted or offered to vote, such ballot 
or ticket, or committed either of the offenses named in the 
preceding sections of this act with reference to such ballot. 
And the proof and establishment of such facts shall be 
taken, held, and deemed to be presumptive evidence that 
such person voted, or attempted or offered to vote, for such 
representative or delegate, as the case may be, or that such 
offense was committed with reference to the election of 
such representative or delegate, and shall be sufficient to 
warrant his conviction, unless it shall be shown that any 
such ballot, when cast, or attempted or offered to be cast, 
by him, did not contain the name of any candidate for the 
office of representative or delegate in the Congress of the 
United States, or that such offense was not committed 
with reference to the election of such representative or 
delegate. 

Sec. 22. And be it further enacted, That any officer of any 
election at which any representative or delegate in the 
Congress of the United States shall be voted for, whether 
such officer of election be appointed or created by or under 
any law or authority of the United States, or by or under 
any State, territorial, district, or municipal law or author- 
ity, who shall neglect or refuse to perform any duty in re- 
gard to such election required of him by any law of the 
United States, or of any State or Territory thereof; or 
violate any duty so imposed, or knowingly do any act 
thereby unauthorized, with intent to affect any such elec- 
tion, or the result thereof; or fraudulently make any false 
certificate of the result of such election in regard to such 
representative or delegate; or withhold, conceal, or destroy 
any certificate of record so required by law respecting, 
concerning, or pertaining to the election of any such rep- 
resentative or delegate; or neglect or refuse to make and 
return the same as so required by law; or aid, counsel, 
procure, or advise any voter, person, or officer to do any 



ENFORCEMENT ACT. 399 

act by tlii? or any of the preceding section? made a crime ; 
or to omit to do any duty the omission of which is by this 
or any of said sections made a crime, or attempt to do so, 
shall be deemed guilty of a crime and shall be liable to 
- ution and punishment therefor, as provided in the 
nineteenth section of this act for persons guilty of any of 
the crimes therein specified. 

Sec. 23. ' further enacted, That whenever any 

person shall be defeated or deprived of his election to any 
office, except elector of President or Vice-President, repre- 
sentative or delegate in Congress, or member of a S 
legislature, by reason of the denial to any citizen or citi- 
zens who shall offer to vote, of the right to vote, on account 
of race, color, or previous condition of servitude, his right 
to hold and enjoy such office, and the emoluments thereof, 
shall not be impaired by such denial ; and such 
may bring any appropriate suit or proceeding to recover 
] ss ssion of such office, and in cases where it shall appear 
that the sole question touching the title to such office 
arise? out of the denial of the right to vote to citizens 
who so offered to vote, on account of race, color, or previ- 
ous condition of servitude, such suit or proceeding may be 
instituted in the circuit or district court of the United 
States of the circuit or district in which such person re- 
sides. And said circuit or district court shall have, con- 
currently with the State courts, jurisdiction thereof so far 
as to determine the rights of the parties to such office by 
reason of the denial of the right guaranteed by the fif- 
teenth article of amendment to the Constitution of the 
United States, and secured by this act. 

Approved, May 31. 1870. 



ENFORCEMENT LEGISLATION OF THE FORTY- 
FIRST CONGRESS. 



AN ACT TO ENFORCE THE RIGHT TO VOTE. 



An Act to amend an act approved May 31, 1870, entitled "An 
act to enforce the rights of "citizens of the United States to 
vote in the several States of this Union, and for other pur- 
poses." 

Be it enacted, etc., That section twenty of the "Act to enforce 
the rights of citizens of the United States to vote in the several 
States of this Union, and for other purposes," approved May 31, 
1870, shall be, and hereby is, amended so as to read as follows : 

" Sec. 20. That if any registration of voters for an election for 
Representative or Delegate in the Congress of the United States, 
any person shall knowingly personate and register, or attempt to 
register, in the name of any other person, whether living, dead, 
or fictitious, or fraudulently register, or fraudulently attempt to 
register, not having a lawful right so to do; or do any unlawful 
act to secure registration for himself or any other person; or by 
force, threat, menace, intimidation, bribery, reward, or offer, or 
promise thereof, or other unlawful means, prevent or hinder any 
person having a lawful right to register from duly exercising 
such right; or compel or induce by any of such means, or other 
unlawful means, any officer of registration to admit to registra- 
tion any person not legally entitled thereto, or interfere in any 
manner with any officer of registration in the discharge of his 
duties, or by any such means, or other unlawful means, induce 
any officer of registration to violate or refuse to comply with his 
duty, or any law regulating the same ; or if any such officer shall 
knowingly and willfully register as a voter any person not en- 
titled to be registered, or refuse to so register any person en- 
titled to be registered; or if any such officer, or other person 
whose duty it is to perform any duty in relation to such regis- 
tration or election, or to ascertain, announce, or declare the re- 
400 



AMENDATORY ENFORCEMENT ACT. 401 

suit thereof, or give or make any certificate, document, or evi 
dence in relation thereto, shall knowingly neglect or refuse to 
perform any duty required by law, or violate any duty imposed 
by law, or do any act unauthorized by law relating to or affect- 
ing such registration or election, or the result thereof, or any 
certificate, document, or evidence in relation thereto ; or if any 
person shall aid, counsel, procure, or advise any such voter, per- 
son, or officer to do any act hereby made a crime, or to omit any 
act, the omission of which is hereby made a crime, every such 
person shall be deemed guilty of a crime, and shall be liable to 
prosecution and punishment therefor, as provided in section 
nineteen of said act of May 31, 1870, for persons guilty of any 
of the crimes therein specified : Provided, That every registra- 
tion made under the laws of any State or Territory for any State 
or other election at which such Kepresentative or Delegate in 
Congress shall be chosen shall be deemed to be a registration 
within the meaning of this act, notwithstanding the same shall 
also be made for the purposes of any State, Territorial, or mu- 
nicipal election." 

Sec. 2. That whenever in any city or town having upward of 
twenty thousand inhabitants there shall be two citizens thereof 
who, prior to any registration of voters for an election for Rep- 
resentative or Delegate in the Congress of the United States, or 
prior to any election at which a Representative or Delegate in 
Congress is to be voted for, shall make known in writing, to the 
judge of the circuit court of the United States for the circuit 
wherein such city or town shall be, their desire to have said 
registration, or said election, or both, guarded and scrutinized, 
it shall be the duty of the said judge of the circuit court, within 
not less than ten days prior to said registration, if one there be, 
or, if no registration be required, within not less than ten days 
prior to said election, to open the said circuit court at the most 
convenient point in said circuit; and the said court, when so 
opened by said judge, shall proceed to appoint and commission, 
from day to day and from time to time, and under the hand of 
the said circuit judge, and under the seal of said court, for each 
election district or voting precinct in each and every such city 
or town as shall, in the manner herein prescribed, have applied 
therefor, and to revoke, change, or renew said appointment 
from time to time, two citizens, residents of said city or town, 
who shall be of different political parties, and able to read and 
write the English language, and who shall be known and desig- 
nated as supervisors of election. And the said circuit court, 
when opened by the said circuit judge as required herein, shall 
therefrom and thereafter, and up to and including the day fol- 
lowing the day of election, be always open for the transaction 
34 



402 AMENDATORY ENFORCEMENT ACT. 

of business under this act, and the powers and jurisdiction 
hereby granted and conferred shall be exercised as well in vaca- 
tion as in term time; and a judge sitting at chambers shall have 
the same powers and jurisdiction, including the power of keep- 
ing order and of punishing any contempt of his authority, as 
when sitting in court. 

Sec. 3. That whenever, from sickness, injury, or otherwise, 
the judge of the circuit court of the United States in any judi- 
cial circuit shall be unable to perform and discharge the duties 
by this act imposed, it shall be his duty, and he is hereby re- 
quired, to select and to direct and assign to the performance 
thereof in his place and stead such one of the judges of the 
district courts of the United States within his circuit as he shall 
deem best; and upon such selection and assignment being made 
it shall be lawful for, and shall be the duty of, the district judge 
so designated to perform and discharge, in the place and stead 
of the said circuit judge, all the duties, powers, and obligations 
imposed and conferred upon the said circuit judge by the pro- 
visions of this act. 

Sec. 4. That it shall be the duty of the supervisors of elec- 
tion appointed under this act, and they and each of them are 
hereby authorized and required, to attend at all times and 
places fixed for the registration of voters who, being registered, 
would be entitled to vote for a Representative or Delegate in 
Congress, and to challenge any person offering to register; to 
attend at all times and places when the names of registered 
voters may be marked for challenge, and to cause such names 
registered as they shall deem proper to be so marked ; to make, 
when required, the lists, or either of them, provided for in sec- 
tion thirteen of this act, and verify the same ; and upon any 
occasion, and at any time when in attendance under the provis- 
ions of this act, to personally inspect and scrutinize such regis- 
try, and for purposes of identification to affix their or his sig- 
nature to each and every page of the original list, and of each 
and every copy of any such list of registered voters, at such 
times, upon each day when any name may or shall be received, 
entered, or registered, and in such manner as will, in their or 
his judgment, detect and expose the improper or wrongful re- 
moval therefrom, or addition thereto, in any way, of any name 
or names. 

Sec 5. That it shall also be the duty of the said supervisors 
of election, and they, and each of them, are hereby authorized 
and required to attend at all times and places for holding elec- 
tions of Representatives or Delegates in Congress, and for count- 
ing the votes cast at said elections ; to challenge any vote offered 
by any person whose legal qualifications the supervisors, or either 



AMENDATORY ENFORCEMENT ACT. 



403 



of them, shall doubt; to be and remain where the ballot-boxes 
are kept at all times after the polls are open until each and 
every vote cast at said time and place shall be counted, the 
canvass of all votes polled be wholly completed, and the proper 
and requisite certificates or returns made, whether said certifi- 
cates or returns be required under any law of the United States, 
or any State, Territorial, or municipal law, and to personally in- 
spect and scrutinize, from time to time, and at all times, on the 
day of election, the manner in which the voting is done, and the 
way and method in which the poll-books, registry-lists, and tal- 
lies or check-books, whether the same are required by any law 
of the United States, or any State, Territorial, or municipal law, 
are kept; and to the end that each candidate for the office of 
Representative or Delegate in Congress shall obtain the benefit 
of every vote for him cast, the said supervisors of election are, 
and each of them is, hereby required, in their or his respective 
election districts or voting precincts, to personally scrutinize, 
count, and canvass each and every ballot in their or his elec- 
tion district or voting precinct cast, whatever may be the in- 
dorsement on said ballot, or in whatever box it may have been 
placed or be found ; to make and forward to the officer who, in 
accordance with the provisions of section thirteen of this act, 
shall have been designated as the chief supervisor of the judi- 
cial district in which the city or town wherein they or he shall 
serve shall be, such certificates and returns of all such ballots 
as said officer may direct or require, and to attach to the regis- 
try-list, and any and all copies thereof, and to any certificate, 
statement, or return, whether the same, or any part or portion 
thereof, be required by any law of the United States, or of any 
State, Territorial, or municipal law, any statement touching the 
truth or accuracy of the registry, or the truth or fairness of the 
election and canvass, which the said supervisors of election, or 
either of them, may desire to make or attach, or which should 
properly and honestly be made or attached, in order that the 
facts may become known, any law of any State or Territory to 
the contrary notwithstanding. 

Sec. 6. That the better to enable the said supervisors of election 
to discharge their duties, they are, and each of them is, hereby 
authorized and directed, in their or his respective election dis- 
tricts or voting precincts, on the day or days of registration, on 
the day or days when registered voters may be marked to be 
challenged, and on the day or days of election, to take, occupy, 
and remain in such position or positions, from time to time, 
whether before or behind the ballot-boxes, as will, in their 
judgment, best enable them or him to see each person offering 
himself for registration or offering to vote, and as will best con- 



404 AMENDATORY ENFORCEMENT ACT. 



duce to their or his scrutinizing the manner in which the regis- 
tration or voting is being conducted; and at the closing of the 
polls for the reception of votes, they are, and each of them is, 
hereby required to place themselves or himself in such posi- 
tion in relation to the ballot-boxes for the purpose of engaging 
in the work of canvassing the ballots in said boxes contained 
as will enable them or him to fully perform the duties in re- 
spect to such canvass provided in this act, and shall there re- 
main until every duty in respect to such canvass, certificates, 
returns, and statements shall have been wholly completed, any 
law of any State or Territory to the contrary notwithstanding. 
Sec. 7. That if in any election district or voting precinct in 
any city, town, or village, for which there shall have been ap- 
pointed supervisors of election for any election at which a Rep- 
resentative or Delegate in Congress shall be voted for, the said 
supervisors of* election, or either of them, shall not be allowed 
to exercise or discharge, fully and freely, and without bribery, 
solicitation, interference, hinderance, molestation, violence, or 
threats thereof, on the part of or from any person or persons, 
each and every of the duties, obligations, and powers conferred 
upon them by this act and the act hereby amended, it shall be 
the duty of the supervisors of election, and each of them, to 
make prompt report, under oath, within ten days after the day 
of election, to the officer who, in accordance with the provisions 
of section thirteen of this act, shall have been designated as the 
chief supervisor of the judicial district in which the city or 
town wherein they or he served shall be, of the manner and 
means by which they were or he was not so allowed to fully and 
freely exercise and discharge the duties and obligations re- 
quired and imposed by this act. And upon receiving any such 
report it shall be the duty of the said chief supervisor, acting 
both in such capacity and officially as a commissioner of the 
circuit court, to forthwith examine into all the facts thereof; 
to subpoena and compel the attendance before him of any wit- 
nesses; administer oaths and take testimony in respect to the 
charges made; and, prior to the assembling of the Congress 
for which any such Representative or Delegate was voted for, 
to have filed with the Clerk of the House of Representatives 
of the Congress of the United States all the evidence by him 
taken, all information by him obtained, and all reports to him 
made. 

Sec. 8. That whenever an election at which Representatives 
or Delegates in Congress are to be chosen shall be held in any 
city or town of twenty thousand inhabitants or upward, the 
marshal of the United States for the district in which said city 
or town is situated shall have power, and it shall be his duty, 



AMENDATORY ENFORCEMENT ACT. 405 

on the application, in writing, of at least two citizens residing 
in any such city or town, to appoint special deputy marshals, 
whose duty it shall be, when required as provided in this act, 
to aid and assist the supervisors of election in the verification 
of any list of persons made under the provisions of this act, 
who may have registered, or voted, or either; to attend in each 
election district or voting precinct at the times and places fixed 
for the registration of .voters, and at all times and places when 
and where said registration may by law be scrutinized, and the 
names of registered voters be marked for challenge; and, also, 
to attend, at all times for holding such elections, the polls of 
the election in such district or precinct. And the marshal 
and his general deputies, and such special deputies, shall have 
power, and it shall be the duty of such special deputies, to 
keep the peace, and support and protect the supervisors of 
elections in the discharge of their duties; preserve order at 
such places of registration and at such polls ; prevent fraudu- 
lent registration and fraudulent voting thereat, or fraudulent 
conduct on the part of any officer of election, and immediately, 
either at said place of registration, or polling-place, or elsewhere, 
and either before or after registering or voting to arrest and 
take into custody, with or without process, any person who 
shall commit, or attempt or offer to commit, any of the acts or 
offenses prohibited by this act, or the act hereby amended, or 
who shall com in it any offense against the laws of the United 
States: Provided, That no person shall be arrested without 
process for any offense not committed in the presence of the 
marshal or his general or special deputies, or either of them, 
or of the supervisors of election, or either of them ; and, for 
the purposes of arrest or the preservation of the peace, the su- 
pervisors of election, and each of them, shall, in the absence of 
the marshal's deputies, or if required to assist said deputies, 
have the same duties and powers as deputy marshals: And pro- 
vided further, That no person shall, on the day or days of any 
such election, be arrested without process for any offense com- 
mitted on the day or days of registration. 

Skc. 9. That whenever any arrest is made under any pro- 
vision of this act, the person so arrested shall forthwith be 
brought before a commissioner, judge, or court of the United 
States for examination of the offenses alleged against him ; and 
such commissioner, judge, or court shall proceed in respect 
thereto as authorized by law in cases of crimes against the 
United States. 

Sec. 10. That whoever, with or without any authority, power, 
or process, or pretended authority, power, or process, of any 
State, Territorial, or muncipal authority, shall obstruct, hinder, 



406 AMENDATORY ENFORCEMENT ACT. 

assault, or by bribery, solicitation, or otherwise, interfere with 
or prevent the supervisors of election, or either of them, or the 
marshal or his general or special deputies, or either of them, 
in the performance of any duty required of them, or either of 
them, or which he or they, or either of them, may be author- 
ized to perform by any law of the United States, whether in 
the execution of process or otherwise, or shall, by any of the 
means before mentioned, hinder or prevent the free attendance 
and presence at such places of registration or at such polls of 
election, or full and free access and egress to and from any such 
place of registration or poll of election, or in going to and from 
any such place of registration or poll of election, or to and from 
any room where any such registration or election, or canvass 
of votes, or of making any returns or certificates thereof, may be 
had; or shall molest, interfere with, remove, or eject from any 
such place of registration or poll of election, or of canvassing 
votes cast thereat, or of making returns or certificates thereof, 
any supervisor of election, the marshal, or his_ general or spe- 
cial deputies, or either of them, or shall threaten, or attempt, 
or offer so to do, or shall refuse or neglect to aid and assist any 
supervisor of election, or the marshal, or his general or special 
deputies, or either of them, in the performance of his or their 
duties, when required by him or them, or either of them, to 
give such aid and assistance, he shall be guilty of a misde- 
meanor, and liable to instant arrest without process, and on 
conviction thereof shall be punished by imprisonment not more 
than two years, or by fine not more than three thousand dol- 
lars, or by both such fine and imprisonment, and shall pay the 
costs of the prosecution. Whoever shall, during the progress 
of any verification of any list of the persons who may have 
registered or voted, and which shall be had or made under any 
of the provisions of this act, refuse to answer, or refrain from 
answering, or answering shall knowingly give false information 
in respect to any inquiry lawfully made, such person shall be 
liable to arrest and imprisonment as for a misdemeanor, and on 
conviction thereof shall be punished by imprisonment not to ex- 
ceed thirty days, or by fine not to exceed one hundred dollars, 
or by both such fine and imprisonment, and shall pay the costs 
of the prosecution. 

Sec. 1 1. That whoever shall be appointed a supervisor of elec- 
tion or a special deputy marshal under the provisions of this 
act, ami shall take the oath of office as such supervisor of elec- 
tion or such special deputy marshal, who shall thereafter neg- 
lect or refuse, without good and lawful excuse, to perform and 
discharge fully the duties, obligations, and requirements of such 
office until the expiration of the term for which he was ap- 



AMENDATORY ENFORCEMENT ACT. 407 

f)ointed, shall not only be subject to removal from office with 
oss of all pay or emoluments, but shall be guilty of a misde- 
meanor, and on conviction shall be punished by imprisonment 
for not less than six months nor more than one year, or by fine 
not less than two hundred dollars and not exceeding five hun- 
dred dollars, or by both fine and imprisonment, and shall pay 
the costs of prosecution. 

Sec. 12. That the marshal, or his general deputies, or such 
special deputies as shall be thereto specially empowered by him 
in writing under his hand and seal, whenever he, or his said 
general deputies, or his special deputies, or either or any of 
them, shall be forcibly resisted in executing their duties under 
this act, or the act hereby amended, or shall, by violence, 
threats, or menaces, be prevented from executing such duties, 
or from arresting any person or persons who shall commit any 
offense for which said marshal or his general or special depu- 
ties are authorized to make such arrest, are, and each of them 
is hereby, empowered to summon and call to his or their aid the 
bystanders or jyosse comitatus of his district. 

Sec. 13. That it shall be the duty of each of the circuit courts 
of the United States in and for each judicial circuit, upon the 
recommendation, in writing, of the judge thereof, to name and 
appoint, on or before the first day of May, in the year 1871, 
and thereafter as vacancies may from any cause arise, from 
among the circuit court commissioners in and for each judicial 
district in each of said judicial circuits, one of such officers, 
who shall be known for the duties required of him under this 
act as the chief supervisor of elections of the judicial district 
in and for which he shall be a commissioner, and shall, so long 
as faithful and capable, discharge the duties in this act im- 
posed, and whose duty it shall be to prepare and furnish all 
necessary books, forms, blanks, and instructions for the use 
and direction of the supervisors of election in the several cities 
and towns in their respective districts; to receive the applica- 
tions of all parties for appointment to such positions; and upon 
the opening, as contemplated in this act, of the circuit court for 
the judicial circuit in which the commissioner so designated shall 
act, to present such applications to the judge thereof, and fur- 
nish information to said judge in respect to the appointment 
by the said court of such supervisors of election ; to require 
of the supervisors of election, where necessary, lists of the 
persons who may register and vote, or either, in their respect- 
ive election districts or voting precincts, and to cause the names 
of those upon any such list whose right to register or vote shall 
be honestly doubted to be verified by proper inquiry and exam- 
ination at the respective places by them assigned as their resi- 



408 AMENDATORY ENFORCEMENT ACT. 

deuces ; and to receive, preserve, and file all oaths of office of 
said supervisors of election, and of all special deputy marshals 
appointed under the provisions of this act, and all certificates, 
returns, reports, and records of every kind and nature contem- 
plated or made requisite under and by the provisions of this 
act, save where otherwise herein specially directed. Aud it is 
hereby made the duty of all United States marshals and com- 
missioners who shall in any judicial district perform any du- 
ties under the provisions of this act, or the act hereby amended, 
relating to, concerning, or affecting the election of Representa- 
tives or Delegates in the Congress of the United States, to, from 
time to time, and with all due diligence, forward to the chief 
supervisor in and for their judicial district all complaints, ex- 
aminations, and records pertaining thereto, and all oaths of 
office by them administered to any supervisor of election or 
special deputy marshal, in order that the same may be prop- 
erly preserved and filed. 

Sec 14. That there shall be allowed and paid to each chief 
supervisor, for his services as such officer, the following com- 
pensation, apart from and in excess of all fees allowed by law 
for the performance of any duty as circuit court commissioner: 
for filing and caring for every return, report, record, document, 
or other paper required to be filed by him under any of the 
provisions of this act, ten cents; for affixing a seal to any pa- 
per, record, report, or instrument, twenty cents; for entering 
and indexing the records of his office, fifteen cents per folio; 
and for arranging and transmitting to Congress, as provided for 
in section seven of this act, any report, statement, record, re- 
turn, or examination, for each folio, fifteen cents; and for any 
copy thereof, or of any paper on file, a like sum. And there 
shall be allowed and paid to each and every supervisor of elec- 
tion, and each and every special deputy marshal who shall be 
appointed and shall perform his duty under the provisions of 
this act, compensation at the rate of five dollars per day for 
each and every day he shall have actually been on duty, not 
exceeding ten days. And the fees of the said chief supervisors 
shall be paid at the Treasury of the United States, such accounts 
to be made out, verified, examined, and certified as in case of ac- 
counts of commissioners, save that the examination or certificate 
required may be made by either the circuit or district judge. 

Sec. 15. That the jurisdiction of the circuit court of the 
United States shall extend to all cases in law or equity arising 
under the provisions of this act, or the act hereby amended ; 
and if any person shall receive any injury to his person or 
property for or on account of any act by him done under any 
of the provisions of this act, or the act hereby amended, he 



AMENDATORY ENFORCEMENT ACT. 409 

shall be entitled to maintain suit for damages therefor in the 
district or circuit court of the United States in the district 
wherein the party doing the injury may reside or shall be found. 
Sec. 16. That in any case where suit or prosecution, civil or 
criminal, shall be commenced in a court of any State against any 
officer of the United States, or other person, for or on account 
of any act done under the provisions of this act, or under color 
thereof, or for or on account of any right, authority, or title set 
up or claimed by such officer or other person under any of said 
provisions, it shall be lawful for the defendant in such suit or 
prosecution, at any time before trial, upon a petition to the cir- 
cuit court of the United States in and for the district in which 
the defendant shall have been served with process, setting forth 
the nature of said suit or prosecution, and verifying the said 
petition by affidavit, together with a certificate signed by an at- 
torney or counselor at law of some court of record of the State 
in which such suit shall have been commenced, or of the United 
States, setting forth that as counsel for the petition he has ex- 
amined the proceedings against him, and has carefully inquired 
into all the matters set forth in the petition, and that he be- 
lieves the same to be true, which petition, affidavit, and certifi- 
cate shall be presented to the said circuit court, if in session, 
and, if not, to the clerk thereof at his office, and shall be filed 
in said office, and the cause shall thereupon be entered on the 
docket of said court, and shall be thereafter proceeded in as a 
cause originally commenced in that court; and it shall be the 
duty of the clerk of said court, if the suit was commenced in 
the court below by summons, to issue a writ of certiorari to the 
State court, requiring said court to send to the circuit court the 
record and proceedings in said cause ; or, if it was commenced 
by capias, he shall issue a writ of habeas corpus cum causa, a 
duplicate of which said writ shall be delivered to the clerk of 
the State court, or left at his office by the marshal of the dis- 
trict, or his deputy, or some person duly authorized thereto; 
and thereupon it shall be the duty of the said State court to 
stay all further proceedings in such cause, and the said suit or 
prosecution, upon delivery of such process, or leaving the same 
as aforesaid, shall be deemed and taken to be moved to the said 
circuit court, and any further proceedings, trial, or judgment 
therein in the State court shall be wholly null and void; and 
any person, whether an attorney or officer of any State court, 
or otherwise, who shall thereafter take any steps, or in any 
manner proceed in the State court in any action so removed, 
shall be guilty of a misdemeanor, and liable to trial and pun- 
ishment in the court to which the action shall have been re- 
moved, and upon conviction thereof shall be punished by im- 



410 AMENDATORY ENFORCEMENT ACT. 

prisonment for not less than six months nor more than one 
year, or by fine not less than five hundred nor more than one 
thousand dollars, or by both such fine and imprisonment, and 
shall, in addition thereto, be amenable to the said court to 
which said action shall have been removed as for a contempt; 
and if the defendant in any such suit be in actual custody on 
mesne process therein, it shall be the duty of the marshal, by 
virtue of the writ of habeas corpus cum causa, to take the body 
of the defendant into his custody, to be dealt with in the said 
cause according to the rules of law and the order of the circuit 
court, or of any judge thereof in vacation. And all attachments 
made and all bail or other security given upon such suit or pros- 
ecution shall be, and continue in like force and effect, as if the 
same suit or prosecution had proceeded to final judgment and 
execution in the State court. And if, upon the removal of any 
such suit or prosecution, it shall be made to appear to the said 
circuit court that no copy of the record and proceedings therein 
in the State court can be obtained, it shall be lawful for the said 
circuit court to allow and require the plaintiff to proceed de 
novo, and to file a declaration of his cause of action, and the 
parties may thereupon proceed as in actions originally brought 
in said circuit court; and on failure of so proceeding judgment 
of non prosequitur may be rendered against the plaintiff, with 
costs for the defendant. 

Sec. 17. That in any case in which any party is or may be 
by law entitled to copies of the record and proceedings in any 
suit or prosecution in any State court, to be used in any court 
of the United States, if the clerk of said court shall, upon de- 
mand and the payment or tender of the legal fees, refuse or 
neglect to deliver to such party certified copies of such record 
and proceedings, the court of the United States in which such 
record and proceedings may be needed, on proof, by affidavit, 
that the clerk of such State court has refused or neglected to 
deliver copies thereof on demand as aforesaid, may direct and 
allow such record to be supplied, by affidavit or otherwise, as 
the circumstances of the case may require* and allow; and 
thereupon such proceeding, trial, and judgment may be had in 
the said court of the United States, and all such processes 
awarded as if certified copies of such records and j)roceedings 
had been regularly before the said court; and hereafter in all 
civil actions in the courts of the United States either party 
thereto may notice the same for trial. 

Sec. 18. That sections five and six of the act of the Congress 
of the United States, approved July 14, 1870, and entitled "An 
act to amend the naturalization laws, and to punish crimes 
against the same," be, and the same are hereby, repealed ; but 



AMENDATORY ENFORCEMENT ACT. 411 

this repeal shall not affect any proceeding or prosecution now 
pending for any offense under the said sections, or either of 
them, or any question which may arise therein respecting the 
appointment of the persons in said sections, or either of them, 
provided for, or the powers, duties, or obligations of such per- 
sons. 

Sec. 19. That all votes for Representatives in Congress shall 
hereafter be by written or printed ballot, any law of any State 
to the contrary notwithstanding; and all votes received or re- 
corded contrary to the provisions of this section shall be of 
none effect. 

Approved February 28, 1871. 



SUPPLEMENT. 

The Act of February 28, 7871, has been supplemented and 
amended so as to further provide as follows: 

That whenever, in any county or parish in any congressional 
district, there shall be ten citizens thereof of good standing who, 
prior to any registration of voters for an election for Represent- 
ative in Congress, or prior to any election at which a Represent- 
ative in Congress is to be voted for, shall make known, in writ- 
ing, to the judge of the circuit court of the United States for 
the district wherein such county or parish is situate, their de- 
sire to have said registration or election both guarded and scru- 
tinized, it shall be the duty of the said judge of the circuit court, 
within not less than ten days prior to said registration or elec- 
tion, as the case may be, to open the said court at the most con- 
venient point in said district; and the said court, when so 
opened by said judge, shall proceed to appoint and commission, 
from day to day and from time to time, and under the hand of 
the said judge, and under the seal of said court, for such elec- 
tion district or voting precinct in said congressional district, as 
shall, in the manner herein prescribed, have been applied for, 
and to revoke, change, or renew said appointment from time to 
time, two citizens, residents of said election district or voting 
precinct in said county or parish, who shall be of different po- 
litical parties, and able to read and write the English language, 
and who shall be known and designated as supervisors of elec- 
tion ; and the said court, when so opened by the said judge as 
required herein, shall, therefrom and thereafter, and up to and 
including the day following the day of the election, be always 



412 AMENDATORY ENFORCEMENT ACT. 

open for the transaction of business under this act; and the 
powers and jurisdiction hereby granted and conferred shall be 
exercised as well in vacation as in term time; and a judge sit- 
ting at chambers shall have the same powers and jurisdiction, 
including the power of keeping order and of punishing any 
contempt of his authority, as when sitting in the court: Pro- 
vided, That no compensation shall be allowed to the supervisors 
herein authorized to be appointed, except those appointed in 
cities or towns of twenty thousand or more inhabitants. And 
no person shall be appointed under this act as supervisor of 
election who is not at the time of his appointment a qualified 
voter of the county, parish, election district, or voting precinct 
for which he is appointed. And no person shall be appointed 
deputy marshal under the act of which this is amendatory who 
is not a qualified voter at the time of his appointment in the 
county, parish, district, or precinct in which his duties are to 
be performed. And section thirteen of the act of which this 
is an amendment shall be construed to authorize and require 
the circuit courts of the United States in said section men- 
tioned to name and appoint, as soon as may be after the pas- 
sage of this act, the commissioners provided for in said section 
in all cases in which such appointments have not already been 
made in conformity therewith. And the third section of the act 
to which this is an amendment shall be taken and construed to 
authorize each of the judges of the circuit courts of the United 
States to designate one or more of the judges of the district 
courts within his circuit to discharge the duties arising under 
this act or the act to which this is an amendment. And the 
words "any person," in section four of the act of May 31, 
1870, shall be held to include any officer or other person hav- 
ing powers or duties of an official character under this act or 
the act to which this is an amendment: Provided, That noth- 
ing in this section shall be so construed as to authorize the ap- 
pointment of any marshals or deputy marshals in addition to 
those heretofore authorized by law: And provided further, 
That the supervisors herein provided for shall have no power 
or authority to make arrests or to perform other duties than to 
be in the immediate presence of the officers holding the elec- 
tion and to witness all their proceedings, including the count- 
ing of the votes and the making of a return thereof. And so 
much of said sum herein appropriated as may be necessary for 
said supplemental and amendatory provisions is hereby appro- 
priated from and after the passage of this act. 

These provisions were inserted in the sundry civil bill, ap- 
proved June 10, 1872. 



"THEKU KLUX ACT." 



An Act to enforce the provisions of the fourteenth amendment 
to the Constitution of the United States, and for other pur- 
poses. 

Be it enacted, etc., That any person who, under color of any 
law, statute, ordinance, regulation, custom, or usage of any 
State, shall subject, or cause to be subjected, any person within 
the jurisdiction of the United States to the deprivation of any 
rights, privileges, or immunities secured by the Constitution of 
the United States, shall, any such law, statute, ordinance, regu- 
lation, custom, or usage of the State to the contrary notwith- 
standing, be liable to the party injured in any action at law, 
suit in equity, or other proper proceeding for redress ; such 
proceeding to be prosecuted in the several district or circuit 
courts of the United States, with and subject to the same rights 
of appeal, review upon error, and other remedies provided in 
like cases in such courts, under the provisions of the act of the 
9th of April, 1866, entitled "An act to protect all persons in 
the United States in their civil rights, and to furnish the means 
of their vindication;" and the other remedial laws of the United 
States which are in their nature applicable in such cases. 

Sec. 2. That if two or more persons within any State or Ter- 
ritory of the United States shall conspire together to overthrow, 
or to put down, or to destroy by force the Government of the 
United States, or to levy war against the United States, or to 
oppose by force the authority of the Government of the United 
States ; or by force, intimidation, or threat to prevent, hinder, 
or delay the execution of any law of the United States, or by 
force to seize, take, or possess any property of the United States 
contrary to the authority thereof; or by force, intimidation, or 
threat to prevent any person from accepting or holding any of- 
fice, or trust, or place of confidence under the United States, or 
from discharging the duties thereof; or by force, intimidation, 
or threat to induce any officer of the United States to leave any 
State, district, or place where his duties as such officer might 
lawfully be performed, or to injure him in his person or prop- 

413 



414 THE KU KLUX ACT. 

erty on account of his lawful discharge of the duties of his of- 
fice, or to injure his person while engaged in the lawful dis- 
charge of the duties of his office, or to injure his property so as 
to molest, interrupt, hinder, or impede him in the discharge of his 
official duty ; or by force, intimidation, or threat to deter any 
party or witness in any court of the United States from attend- 
ing such court, or from testifying in any matter pending in such 
court fully, freely, and truthfully, or to injure any such party 
or witness in his person or property on account of his having 
so attended or testified; or by force, intimidation, or threat to 
influence the verdict, presentment, or indictment of any juror 
or grand juror in any court of the United States, or to injure 
such juror in his person or property on account of any verdict, 
presentment, or indictment lawfully assented to by him, or on 
account of his being or having been such juror; or shall con- 
spire together, or go in disguise upon the public highway, or 
upon the premises of another, for the purpose, either directly or 
indirectly, of depriving any person or any class of persons of the 
equal protection of the laws, or of equal privileges or immuni- 
ties under the laws, or for the purpose of preventing or hinder- 
ing the constituted authorities of any State from giving or se- 
curing to all persons within such State the equal protection of 
the laws ; or shall conspire together for the purpose of in any 
manner impeding, hindering, obstructing, or defeating the due 
course of justice in any State or Territory with intent to deny 
to any citizen of the United States the due and equal protection 
of the laws, or to injure any person in his person or his prop- 
erty for lawfully enforcing the right of any person or class of 
persons to the equal protection of the laws; or by force, intim- 
idation, or threat to prevent any citizen of the United States 
lawfully entitled to vote from giving his support or advocacy in a 
lawful manner toward or in favor of the election of any lawfully 
qualified person as an elector of President or Vice-President of 
the United States, or as a member of the .Congress of the United 
States, or to injure any such citizen in his person or property 
on account of such support or advocacy, each and every person 
so offending shall be deemed guilty of a high crime, and, upon 
conviction thereof in any district or circuit court of the United 
States or district or supreme court of any Territory of the 
United States having jurisdiction of similar offenses, shall be 
punished by a fine not less than five hundred dollars nor more 
than five thousand dollars, or by imprisonment, with or without 
hard labor, as the court may determine, for a period of not less 
than six months nor more than six years, or by both such fine 
and imprisonment as the court shall determine. And if any 
one or more persons engaged in any such conspiracy shall do, 



THE KU KLUX ACT. 415 

or cause to be done, any act in furtherance of the object of 
such conspiracy, whereby any person shall be injured in his 
person or property, or deprived of having and exercising any 
right or privilege of a citizen of the United States, the person 
so injured or deprived of such rights and privileges may have 
and maintain an action for the recovery of damages occasioned 
by such injury or deprivation of rights and privileges against 
any one or more of the persons engaged in such conspiracy, 
such action to be prosecuted in the proper district or circuit 
court of the United States, with and subject to the same rights 
of appeal, review upon error, and other remedies provided in 
like cases in such courts under the provisions of the act of 
April 9, 1866, entitled "An act to protect all persons in the 
United States in their civil rights, and to furnish the means of 
their vindication." 

Sec. 3. That in all cases where insurrection, domestic vio- 
lence, unlawful combinations, or conspiracies in any State shall 
so obstruct or hinder the execution of the laws thereof, and of 
the United States, as to deprive any portion or class of the peo- 
ple of such State of any of the rights, privileges, or immunities, 
or protection named in the Constitution and secured by this act, 
and the constituted authorities of such State shall either be un- 
able to protect, or shall, from any cause, fail in or refuse pro- 
tection of the people in such rights, such facts shall be deemed 
a denial by such State of equal protection of the laws to which 
they are entitled under the Constitution of the United States ; 
and in all such cases, or whenever any such insurrection, vio- 
lence, unlawful combination, or conspiracy shall oppose or ob- 
struct the laws of the United States, or the due execution there- 
of, or impede or obstruct the due course of justice under the 
same, it shall be lawful for the President, and it shall be his 
duty, to take such measures, by the employment of the militia 
or the land and naval forces of the United States, or of either, 
or by other means as he may deem necessary for the suppres- 
sion of such insurrection, domestic violence, or combinations; 
and any person who shall be arrested under the provisions of 
this and the preceding section shall be delivered to the mar- 
shal of the proper district to be dealt with according to law. 

Sec. 4. That whenever in any State or part of a State the un- 
lawful combinations named in the preceding section of this act 
shall be organized and armed, and so numerous and powerful as 
to be able by violence to either overthrow or set at defiance 
the constituted authorities of such State, and of the United 
States within such State; or when the constituted authorities 
are in complicity with or shall connive at the unlawful pur- 
poses of such powerful and armed combinations ; and when- 



416 THE KU KLUX ACT. 

ever, by reason of either or all of the causes aforesaid, the 
conviction of such offenders and the preservation of the public 
safety shall become in such district impracticable, in every such 
case such combinations shall be deemed a rebellion against the 
Government of the United States, and during the continuance of 
such rebellion, and within the limits of the district which shall 
be so under the sway thereof, such limits to be prescribed by 
proclamation, it shall be lawful for the President of the United 
States, when in his judgment the public safety shall require it, 
to suspend the privileges of the writ of habeas corpus, to the 
end that such rebellion may be overthrown : Provided, That all 
the provisions of the second section of an act entitled "An act 
relating to habeas corpus, and regulating judicial proceedings in 
certain cases," approved March 3, 1863, which relate to the dis- 
charge of prisoners other than prisoners of war, and to the pen- 
alty for refusing to obey the order of the court, shall be in full 
force so far as the same are applicable to the provisions of this 
section: Provided further, That the President shall first have 
made proclamation, as now provided by law, commanding such 
insurgents to disperse: And provided also, That the provisions 
of this section shall not be in force after the end of the next 
regular session of Congress. 

Sec. 5. That no person shall be a grand or petit juror in any 
court of the United States upon any inquiry, hearing, or trial 
of any suit, proceeding, or posecution based upon or arising 
under the provisions of this act who shall, in the judgment of 
the court, be in complicity with any such combination or con- 
spiracy ; and every such juror shall, before entering upon any 
such inquiry, hearing, or trial, take and subscribe an oath in 
open court that he has never, directlv or indirectly, counseled, 
advised, or voluntarily aided any such combination or conspir- 
acy; and each and every person who shall take this oath, and 
shall therein swear falsely, shall be guilty of perjury, and shall 
be subject to the pains and penalties declared against that crime; 
and the first section of the act entitled "An act defining addi- 
tional causes of challenge and prescribing an additional oath for 
frand and petit jurors in the United States courts,' approved 
une 17, 1862, be, and the same is hereby, repealed. 
Sec. 6. That any person or persons, having knowledge that 
any of the wrongs conspired to be done and mentioned in the 
second section of this act are about to be committed, and hav- 
ing power to prevent or aid in preventing the same, shall neg- 
lect or refuse so to do, and such wrongful act shall be com- 
mitted, such person or persons shall be liable to the person in- 
jured, or his legal representatives, for all damages caused by 
any such wrongful act which such first named person or per- 



THE KU KLUX ACT. 417 

sons by reasonable diligence could have prevented; and such 
damages may be recovered in an action on the case in the 
proper circuit court of the United States; and any number of 
persons guilty of ,such wrongful neglect or refusal may be 
joined as defendants in such action: Provided, That such 
action shall be commenced within one year after such cause 
of action shall have accrued ; and if the death of any person 
shall be caused by any such wrongful act and neglect, the legal 
representatives of such deceased person shall have such action 
therefor, and may recover not exceeding five thousand dollars 
damages therein for the benefit of the widow of such deceased 
person, if any there be, or if there be no widow, for the ben- 
efit of the next of kin of such deceased person. 

Sec. 7. That nothing herein contained shall be construed to 
supersede or repeal any former act or law except so far as the 
same may be repugnant thereto ; and any offenses heretofore 
committed against the tenor of any former act shall be pros- 
ecuted, and any proceeding already commenced for the pros- 
ecution thereof shall be continued and completed the same as 
if this act had not been passed, except so far as the provisions 
of this act may go to sustain and validate such proceedings. 

Approved April 20, 1871. 



SALARY ACT OF 1873. 



Be it enacted, etc., That, on and after the 4th day of March, 
A. D. 1873, the President of the United States shall receive in 
full for his services during the term for which he shall have 
been elected the sum of $50,000 per annum, to be paid monthly; 
the Vice-President of the United States shall receive in full for 
his services during the term for which he shall have been elect- 
ed the sum of $10,000 per annum, to be paid monthly; and the 
Chief Justice of the Supreme Court of the United States shall 
receive the sum of $10,500 per annum, and the justices of the 
Supreme Court of the United States shall receive the sum of 
$10,000 per annum each, to be paid monthly; the Secretary of 
State, the Secretary of the Treasury, the Secretary of War, the 
Secretary of the Navy, the Secretary of the Interior, the Attor- 
ney-General, and the Postmaster-General shall receive $10,000 
per annum each for their services, to be paid monthly ; and 
each Assistant Secretary of the Treasury, State, and Interior 
Departments shall receive as annual compensation, to be paid 
monthly, $6,000; and the Speaker of the House of Represnta- 
tives shall, after the present Congress, receive in full for all his 
services compensation at the rate of $10,000 per annum; and 
Senators, Representatives, and Delegates in Congress, including 
Senators, Representatives, and Delegates in the Forty-second 
Congress, shall receive $7,500 per annum each, and this shall 
be in lieu of all pay and allowances ; and all those holding such 
office at the passage of this act, and whose claim to a seat has 
not been adversely decided, shall receive $7,500 per annum 
each, and this shall be in lieu of all pay and allowances, except 
the actual individual traveling expenses from their homes to 
the seat of Government and return by the most direct route of 
usual travel, once for each session of the House to which such 
Senator, member, or Delegate belongs, to be certified to under 
his hand to the disbursing officer, and filed as a voucher: Pro- 
vided, That, in settling the pay and allowances of Senators, 
members, and Delegates in the Forty-second Congress, all inile- 
ige shall be deducted, and no allowance made for expenses of 
travel. And there is hereby appropriated a sum sufficient to 
418 



SALARY ACT. 419 

make the annual salaries of such of the clerks in the office of 
the Clerk of the House of Representatives as receive $2,500 
and upward, and less than $3,000 (including the petition clerk 
and printing clerk), $3,000 each ; and of such as receive $2,000 
and upward, and less than $2,500, the sum of $2,500 each ; and 
of such as receive $1,800 and upward, and less than $2,000, the 
sum of $2,000 each; and of the Secretary of the Senate and 
Clerk of the House of Representatives $5,000 each; and of the 
chief clerk and journal clerk of the House, while such positions 
are held by the present incumbents, and no longer, $3,600 each ; 
and of the doorkeeper of the House and the assistant door- 
keeper of the Senate, while the position is held by the present 
incumbents, and no longer, $3,000; and of the postmaster of 
the Senate, $2,592; assistant postmaster, $2,000; and of two 
mail carriers, $1,700; and of the superintendent and first assist- 
ant of the Senate document room, $2,500 each; and second as- 
sistant in said document room, $1,800; and of the additional 
compensation to the reporters of the House and Senate for the 
Congressional Globe, $1,500 each; and additional pay to the 
chief engineer of the House, $360 (so as to equalize his pay 
with that of the chief engineer of the Senate). And it is 
hereby provided that the increase of compensation to the of- 
ficers, clerks, and others in the employ of the Senate and House 
of Representatives provided for in this act shall begin with the 
present Congress; and the pay of all the present employees of 
the Senate and House of Representatives, including the em- 
ployees in the Library of Congress and those under the Com- 
mittee on Public Buildings and Grounds, now employed in the 
Capitol building, and also the House reporters whose pay has 
not been specifically increased by this act, holding their places 
by appointment under the respective officers thereof, or by the 
authority of the Committee of Contingent Expenses of the Sen- 
ate, or the Committee of Accounts of the House, be increased 
fifteen per cent, of their present compensation on the amount 
actually received and payable to them respectively from the 
beginning of the present Congress, or from the date of their 
appointment during the present Congress, and who shall be 
actually employed at the passage of this act. And the amounts 
of money necessary to carry the foregoing provisions into effect 
are hereby appropriated out of any monies in the Treasury not 
otherwise appropriated. 



REPEAL OF THE SALARY ACT. 



An Act repealing the increase of salaries of members of Con- 
gress and other officers. 

Be it enacted by the Senate and House of Representatives 
of the United States of America in Congress assembled : That 
so much of the act of March 3, 1873, entitled "An act making 
appropriations for legislative, executive, and judicial expenses 
of the Government for the year ending June 30, 1874," as pro- 
vides for the increase of the compensation of public officers and 
employees, whether members of Congress, Delegates, or others, 
except the President of the United States and the justices of 
the supreme Court, be, and the same is hereby, repealed, and 
the salaries, compensation, and allowances of all said persons, 
except as aforesaid, shall be as fixed^by the laws in force at 
the time of the passage of said act: Provided, That mileage 
shall not be allowed for the first session of the Forty-third 
Congress ; that all monies appropriated as compensation to the 
members of the Forty-second Congress, in excess of the mileage 
and allowances fixed by law at the commencement of said Con- 
gress, and which shall not have been drawn by the members of 
said Congress respectively, or which, having been drawn, have 
been returned in any form to the United States, are hereby cov- 
ered into the Treasury of the United States, and are declared 
to be the monies of the United States absolutely, the same as 
if they had never been appropriated as aforesaid. 

Approved January 20, 1874. 

420 



GRANT'S VETO OF THE SENATE CURRENCY 
BILL, APRIL 22, 1874. 



To the Senate of the United States : 

Herewith I return Senate bill No. 617, entitled "An act to fix 
the amount of United States notes and the circulation of na- 
tional banks, and for other purposes," without my approval. 

In doing so I must express my regret at not being able to give 
my assent to a measure which has received the sanction of a 
majority of the legislators chosen by the people to make laws 
for their guidance, and I have studiously sought to find suffi- 
cient arguments to justify such assent, but unsuccessfully. 

Practically, it is a question whether the measure under dis- 
cussion would give an additional dollar to the irredeemable pa- 
per currency of the country or not, and whether, by requiring 
three-fourths of the reserves to be retained by the banks, and 
prohibiting interest to be received on the balance, it might not 
prove a contraction. 

But the fact can not be concealed that, theoretically, the bill 
increases the paper circulation $100,000,000, less only the 
amount of reserves restrained from circulation by the pro- 
vision of the second section. The measure has been supported 
on the theory that it would give increased circulation. It is a 
fair inference, therefore, that if in practice the measure should 
fail to create the abundance of circulation expected of it, the 
friends of the measure, particularly those out of Congress, would 
clamor for such inflation as would give the expected relief. 

The theory, in my belief, is a departure from true principles 
of finance, national interest, national obligations to creditors, 
congressional promises, party pledges, on the part of both po- 
litical parties, and of personal views and promises made by me 
in every annual message sent to Congress, and in each inaugu- 
ral address. 

Tn my annual message to Congress in December, 1869, the 
following passages appear: 

" Among the evils growing out of the rebellion, and not yet 
referred to, is that of an irredeemable currency. It is an evil 

421 



422 grant's veto of the senate currency bill. 

which T hope will receive your most earnest attention. It is a 
duty, and one of the highest duties, of Government to secure to 
the citizen a medium of exchange of fixed, unvarying value. 
This implies a return to specie basis ; and no substitute for it 
can be devised. It should be commenced now, and reached at 
the earliest practicable moment consistent with a fair regard to 
the interests of the debtor class. Immediate resumption, if 
practicable, would not be desirable. It would compel the debtor 
class to pay, beyond their contracts, the premium on gold at the 
date of their purchase, and would bring bankruptcy and ruin to 
thousands. Fluctuation, however, in the paper value of the 
measure of all values (gold) is detrimental to the interests of 
trade. It makes the man of business an involuntary gambler; 
for in all sales where future payment is to be made, both parties 
speculate as to Avhat will be the value of the currency to be paid 
and received. I earnestly recommend to you, then, such legis- 
lation as will insure a gradual return to specie payments and 
put an immediate stop to fluctuations in the value of currency." 

I still adhere to the views then expressed. 

As early as December 4, 1865, the House of Representatives 
passed a resolution, by a vote of 144 yeas to 6 nays, concurring 
" in the views of the Secretary of the Treasury in relation to 
the necessity of a contraction of the currency with a view to as 
early a resumption of specie payments as the business interests 
of the country will permit," and pledging "co-operative action 
to this end as speedily as possible." 

The first act passed by the Forty-first Congress, on the 18th 
day of March, 1869, was as follows: 

An Act to Strengthen the Public Credit of the United States. 

Be it enacted, etc., That, in order to remove any doubt as to 
the purpose of the Government to discharge all its obligations 
to the public creditors, and to settle conflicting questions and 
interpretations of the law, by virtue of which such obligations 
have been contracted, it is hereby provided and declared that 
the faith of the United States is solemnly pledged to the pay- 
ment in coin, or its equivalent, of all the obligations of the 
United States, and of all the interest-bearing obligations, except 
in cases where the law authorizing the issue of any such obli- 
gations has expressly provided that the same may be paid in 
lawful money, or in other currency than gold and silver; but 
none of the said interest-bearing obligations not already due 
shall be redeemed or paid before maturity, unless at such times 
as the United States notes shall be convertible into coin at the 
option of the holder, or unless at such time bonds of the United 



grant's veto of the senate currency bill. 423 

States bearing a lower rate of interest than the bonds to be re- 
deemed can be sold at par in coin. And the United States also 
solemnly pledges its faith to make provision, at the earliest 
praetieable period, for the redemption of the United States 
notes in coin. 

This act still remains as a continuing pledge of the faith of 
the United States "to make provision, at the earliest practica- 
ble moment, for the redemption of the United States notes in 
coin." 

A declaration contained in the act of June 30, 1864, created an 
obligation that the total amount of United States notes issued, or 
to be issued, should never exceed $400,000,000. The amount in 
actual circulation was actually reduced to $356,000,000, at which 
point Congress passed the act of February 4, 1868, suspending 
the further reduction of the currency. The $44,000,000 have- 
ever been regarded as a reserve, to be used only in case of 
emergency, such as has occurred on several occasions, and 
must occur when, from any cause, revenues suddenly fall be- 
low expenditures ; and such a reserve is necessary, because the 
fractional currency, amounting to $50,000,000, is redeemable in 
legal tender on call. It may be said that such a return of frac- 
tional currency for redemption is impossible. But let steps be 
taken for a return to a specie basis, and it will be found that 
silver will take the place of fractional currency as rapidly as it 
can be supplied, when the premium on gold reaches a suffi- 
ciently low point. 

With the amount of United States notes to be issued perma- 
nently fixed within proper limits, and the Treasury so strength- 
ened as to be able to redeem them in coin on demand, it will 
then be safe to inaugurate a system of free banking, with such 
provisions as to make compulsory redemption of the circulating 
notes of the banks in coin, or in United States notes, themselves 
redeemable and made equivalent to coin. 

As a measure preparatory to free banking, and for placing 
the Government in a condition to redeem its notes in coin " at 
the earliest practicable moment," the revenues of the country 
should be increased so as to pay current expenses, provide for 
the sinking fund required by law, and also a surplus, to be re- 
tained in the Treasury, in gold. 

1 am not a believer in any artificial method of making paper 
money equal to coin when the coin is not owned or held ready 
to redeem the promises to pay ; for paper money is nothing 
more than promises to pay, and is valuable exactly in propor- 
tion to the amount of coin that it can be converted into. While 
coin is not used as a circulating medium, or the currency of the 



424 grant's veto of the senate currency bill. 

country is not convertible into it at par, it becomes an article 
of commerce as much as any other product. The surplus will 
seek a foreign market, as will any other surplus. The balance 
of trade has nothing to do with the question. Duties on im- 
ports being required in coin creates a limited demand for gold. 
About enough to satisfy that demand remains in the country. 
To increase this supply I see no way open but by the Govern- 
ment hoarding, through the means above given, and possibly by 
requiring the national banks to aid. 

It is claimed by the advocates of the measure herewith re- 
turned that there is an unequal distribution of the banking cap- 
ital of the country. 1 was disposed to give great weight to this 
view of the question at first, but on reflection it will be remem- 
bered that there still remain $4,000,000 of authorized bank-note 
circulation, assigned to States having less than their quota, not 
yet taken. In addition to this the States having less than their 
quota of bank circulation have the option of $25,000,000 more 
to be taken from those States having more than their propor- 
tion. When this is all taken up, or when specie payments are 
fully restored, or are in rapid process of restoration, will bo 
the time to consider the question of "more currrency." 

U. S. Grant. 



THE CURRENCY. 



The following is the Dawes Compromise Bank Note Redemp- 
tion, Inflation, Redistribution Bill, in full: 

An "Act fixing the amount of United States notes, providing for 
a redistribution of the national bank currency, and for 
other purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
act entitled "An act to provide a national currency secured by 
a pledge of the United States bonds, and to provide for the cir- 
culation and redemption thereof," approved June 3, 1864, shall 
hereafter be known as "the national bank act." 

RELEASE OF RESERVES ON CIRCULATION. RESERVES ON DEPOSIT RE- 
TAINED. 

Sec. 2. That section thirty-one of "the national bank act" be 
so amended that, the several associations therein provided for 
shall not hereafter be required to keep on hand any amount of 
money whatever, by reason of the amount of their respective 
circulations; but the monies required by said section to be 
kept at all times on hand shall be determined by the amount 
of deposits in all respects, as provided for in the said section. 

PROVISIONS FOR REDEMPTION OF BANK NOTES. 

Sec. 3. That every association organized, or to be organized, 
under the provisions of the said act, and of the several acts 
amendatory thereof, shall at all times keep and have on deposit 
in the Treasury of the United States, in lawful money of the 
United States, a sum equal to five percentum of its circulation, 
to be held and used for the redemption of such circulation ; 
which sum shall be counted as a part of its lawful reserve, as 
provided in section two of this act; and when the circulating 
notes of any such associations, assorted or unassorted, shall be 
3G 425 



426 THE CURRENCY. 

presented for redemption, in sums of $1,000, or any multiple 
thereof, to the Treasurer of the United States, the same shall be 
redeemed in United States notes. All notes so redeemed shall 
be charged by the Treasurer of the United States to the respect- 
ive associations issuing the same, and he shall notify them sev- 
erally, on the first day of each month, or oftener, at his discre- 
tion, of the amount of such redemptions; and whenever such 
redemptions for any association shall amount to the sum of 
$500, such association so notified shall forthwith deposit with 
the Treasurer of the United States a sum in United States notes 
equal to the amount of its circulating notes so redeemed. And 
all notes of national banks worn, defaced, mutilated, or other- 
wise unfit for circulation, shall, when received by any assistant 
treasurer, or at any designated depository of the United States, 
be forwarded to the Treasurer of the United States for redemp- 
tion, as provided herein. And when such redemptions have 
been so reimbursed, the circulating notes so redeemed shall be 
forwarded to the respective associations by which they were is- 
sued ; but if any of such notes are worn, mutilated, defaced, or 
rendered otherwise unfit for use, they shall be forwarded to the 
Comptroller of the Currency, and destroyed and replaced, as 
now provided by law : Provided, That each of said associations 
shall reimburse to the Treasury the charges for transportation, 
and the costs for assorting such notes; and the associations 
hereafter organized shall also severally reimburse to the Treas- 
ury the cost of engraving such plates as shall be ordered by 
each association respectively ; and the amount assessed upon 
each association shall be in proportion to the circulation re- 
deemed, and be charged to the fund on deposit with the Treas- 
urer : And provided further, That so much of section thirty-two 
of said national bank act requiring or permitting the i-edemp- 
tion of its circulating notes elsewhere than at its own counter, 
except as provided for in this section, is hereby repealed. 

WITHDRAWAL OF CIRCULATION. 

Seo. 4. That any association organized under this act, or any 
of the acts of which this is an amendment, desiring to with- 
draw its circulating notes, in whole or in part, may, upon the 
deposit of lawful money with the Treasurer of the United States 
in sums of not less than $9,000, take up the bonds which said 
association has on deposit with the Treasurer for the security 
of such circulating notes ; which bonds shall be assigned to the 
bank in the manner specified in the nineteenth section of the 
national bank act; and the outstanding notes of said associa- 
tion, to an amount equal to the legal tender notes deposited, 



THE CURRENCY. 427 

shall be redeemed at the Treasury of the United States, and de- 
stroyed, as now provided by law: Provided, That the amount 
of the bonds on deposit for circulation shall not be reduced be- 
low $50,000. 

CHARTER NUMBERS OF ASSOCIATIONS TO BE PRINTED ON NATIONAL 
BANK NOTES. 

Sec. 5. That the Comptroller of the Currency shall, under 
such rules and regulations as the Secretary of the Treasury 
may prescribe, cause the charter numbers of the association to 
be printed upon all national bank notes which may be hereaf- 
ter issued by him. 

INCREASE OF THE LAWFUL LEGAL TENDER CIRCULATION. 

Sec. 6. That the amount of United States notes outstanding 
and to be used as a part of the circulating medium, shall not 
exceed the sum of $382,000,000, which said sum shall appear 
in each monthly statement of the public debt, and no part 
thereof shall be held or used as a reserve. 

WITHDRAWAL OF CURRENCY TO SECURE EQUITABLE DISTRIBUTION. 

Sec. 7. That so much of the act entitled "An act to provide 
for the redemption of the three per centum temporary loan cer- 
tificates, and for an increase of national bank notes," as pro- 
vides that no circulation shall be withdrawn under the pro- 
visions of section six of said act, until after the $54,000,000 
granted in section one of said act shall have been taken up, is 
hereby repealed; and it shall be the duty of the Comptroller 
of the Currency, under the direction of the Secretary of the 
Treasury, to proceed forthwith, and he is hereby authorized 
and required, from time to time, as applications shall be duly 
made therefor, and until the full amount of $55,000,000 shall be 
withdrawn, to make requisitions upon each of the national 
banks described in said section, and in the manner therein 
provided, organized in States having an excess of circulation, 
to withdraw and return so much of their circulation as by said 
act may be apportioned to be withdrawn from them, or, in lieu- 
thereof, to deposit in the Treasury of the United States in law- 
ful money sufficient to redeem such circulation ; and upon the 
return of the circulation required, or the deposit of lawful 
money, as herein provided, a proportionate amount of the 
bonds held to secure the circulation of such association as 
shall make such return or deposit shall be surrendered to it. 



428 THE CURRENCY. 



DELINQUENT BANKS, HOW DEALT WITH. 

Sec. 8. That upon the failure of national banks upon which 
requisition for circulation shall be m;ide, or of any of them, to 
return the amount required, or to deposit in the Treasury law- 
ful money to redeem the circulation required, within thirty 
days, the Comptroller of the Currency shall at once sell, as 
provided in section forty-nine of the national currency act, ap- 
proved June 3, 1864, bonds held to Becure the redemption of 
the circulation of the association or associations which shall so 
fail, to an amount sufficient to redeem the circulation required 
of such association or associations, and with the proceeds, 
which shall be deposited in the Treasury of the United States, 
so much of the circulation of such association or associations 
shall be redeemed as will equal the amount required and not 
returned; and if there be any excess of proceeds over the 
amount required for such redemption, it shall be returned to 
the association or associations whose bonds shall have been 
sold. And it shall be the duty of the Treasurer, assistant 
treasurers, designated depositaries, and national bank deposi- 
taries of the United States, who shall be kept informed by the 
Comptroller of the Currency of such associations as shall fail 
to return circulation as required, to assort and return to the 
Treasury for redemption the notes of such associations as shall 
come into their hands until the amount required shall be re- 
deemed, and in like manner to assort and return to the Treas- 
ury for redemption the notes of such national banks as have 
failed, or gone into voluntary liquidation for the purpose of 
winding up their affairs, and of such as shall hereafter so fail 
or go into liquidation. 

redistribution of bank note circulation. 

Sec. 9. That from and after the passage of this act it shall be 
lawful for the Comptroller of the Currency, and he is hereby 
required, to issue circulating notes without delay, as applica- 
tions therefor are made, not to exceed the sum of $55,000,000, 
to associations organized, or to be organized, in those States 
and Territories having less than their proportion of circula- 
tion, under an apportionment made on the basis of population 
and of wealth, as shown by the returns of the census of 1870; 
and every association hereafter organized shall be subject to, 
and be governed by, the rules, restrictions, and limitations, and 
possess the rights, privileges, and franchises now or hereafter 
to be prescribed by law as to national banking associations, 
with the same power to amend, alter, and repeal provided by 



THE CURRENCY. 429 

"the national bank act:" Provided, That the whole amount of 
circulation withdrawn and redeemed from hanks transacting 
business shall not exceed $55,000,000, and that such circulation 
shall be withdrawn and redeemed as it shall be necessary to 
supply the circulation previously issued to the banks in those 
States having less than their apportionment: And provided 
further, That not more than $30,000,000 shall be withdrawn 
and redeemed, as herein contemplated, during the fiscal year 
ending June 30, 1875. 
Approved June 20, 1874. 



BANKRUPT BILL, 

AS AMENDED 1875. 



AN ACT to establish a uniform system of bankruptcy through- 
out the United States. 

Be it enacted by the Senate and House of Representatives 
of the United States of America in Congress assembled, That 
the several district courts of the United States be, and 
they hereby are, constituted courts of bankruptcy, and 
they shall have original jurisdiction in their respective 
districts in all matters and proceedings in bankruptcy, and 
they are hereby authorized to hear and adjudicate upon 
the same according to the provisions of this act. The said 
courts shall be always open for the transaction of business 
under this act, and the powers and jurisdiction hereby 
granted and conferred shall be exercised as well in vaca- 
tion as in term time ; and a judge sitting at chambers shall 
have the same powers and jurisdiction, including the power 
of keeping order and of punishing any contempt of his au- 
thority, as when sitting in court. And the jurisdiction 
hereby conferred shall extend to all cases and controver- 
sies arising between the bankrupt and any creditor or 
creditors who shall claim any debt or demand under the 
bankruptcy ; to the collection of all the assets of the bank- 
rupt ; to the ascertainment and liquidation of the liens 
and other specific claims thereon; to the adjustment of 
the various priorities and conflicting interests of all parties; 
and to the marshaling and disposition of the different 
funds and assets, so as to secure the rights of all parties 
and due distribution of the assets among all the creditors ; 
and to all acts, matters, and things to be done under and 
in virtue of the bankruptcy, until the final distribution 
and settlement of the estate of the bankrupt, and the close 
of the proceedings in bankruptcy. The said courts shall 
430 



BANKRUPTCY ACT, AS AMENDED 1875. 431 

have full authority to compel obedience to all orders and 
decrees passed by them in bankruptcy, by process of con- 
tempt and other remedial process, to the same extent that 
the circuit courts now have in any suit pending therein in 
equity. Said courts may sit for the transaction of busi- 
ness in bankruptcy at any place in the district, of which 
place, and the time of holding court, they shall have given 
notice, as well as at the places designated by law for hold- 
ing such courts. The court having charge of the estate 
of any bankrupt may direct that any of the legal assets or 
debts of the bankrupt, as contradistinguished from equita- 
ble demands, shall, when such debt does not exceed five 
hundred dollars, be collected in the courts of the State 
where such bankrupt resides having jurisdiction of claims 
of such nature and amount. 

Sec. 2. And be it further enacted, That the several cir- 
cuit courts of the Uoited States, within and for the dis- 
tricts where the proceedings in bankruptcy shall be pending, 
shall have a general superintendence and jurisdiction of 
all cases and questions arising under this act ; and, except 
when special provision is otherwise made, may, upon bill, 
petition, or other proper process, of any party aggrieved, 
hear and determine the case as a court of equity. • The 
powers and jurisdiction hereby granted may be exercised 
either by said court, or by any justice thereof, in term 
time or vacation. Said circuit courts shall also have con- 
current jurisdiction with the district courts of any district, 
of all suits at law or in equity, which may or shall be 
brought by the assignee in bankruptcy against any person 
claiming an adverse interest, or owing any debt to such 
bankrupt, or by such person against such assignee, touch- 
ing any property or rights of property of said bankrupt 
transferable to or vested in such assignee ; but no suit at 
law or in equity shall, in any case, be maintainable by or 
against such assignee, or by or against any person claiming 
an adverse interest, touching the property and rights of 
property aforesaid, in any court whatsoever, unless the 
same shall be brought within two years from the time the 
cause of action accrued, for or against such assignee ; Pro- 
vided, That nothing herein contained shall revive a right 



432 BANKRUPTCY ACT, AS AMENDED 1875. 

of action barred at the time such assignee is appointed. 
The court may, in its discretion, on sufficient cause shown, 
and upon notice and hearing, direct the receiver or as- 
signee to take possession of the property, and carry on the 
business of the debtor, or any part thereof, under the di- 
rection of the court, when, in its judgment, the interest of 
the estate as well as of the creditors will be promoted 
thereby, but not for a period exceeding nine months from 
the time the debtor shall have been declared a bankrupt : 
Provided, That such order shall not be made until the 
court shall be satisfied that it is approved by a majority 
in value of the creditors. 

OF THE ADMINISTRATION OF THE LAW IN COURTS OF 
BANKRUPTCY. 

Sec. 3. And be it furtlier enacted, That it shall be the 
duty of the judges of the district courts of the United 
States within and for the several districts to appoint in 
each congressional district in said districts, upon the nom- 
ination and recommendation of the Chief Justice of the 
Supreme Court of the United States, one or more registers 
in bankruptcy, to assist the judge of the district court in 
the performance of his duties under this act. No person 
shall be eligible to such appointment unless he be a coun- 
sellor of said court, or of some one of the courts of record 
of the State in which he resides. Before entering upon 
the duties of his office, every person so appointed a register 
in bankruptcy shall give a bond to the United States, with 
condition that he will faithfully discharge the duties of his 
office, in a sum not less than one thousand dollars, to be 
fixed by said court, with sureties satisfactory to said court, 
or to either of the said justices thereof; and he shall, in 
open court, take and subscribe the oath prescribed in the 
act entitled "An act to prescribe an oath of office, and for 
other purposes," approved July second, eighteen hundred 
and sixty-two ; and also that he will not, during his con- 
tinuance in office, be, directly or indirectly, interested in 
or benefited by the fees or emoluments arising from any 
suit or matter pending in bankruptcy in either the district 
or circuit court in his district. 



BANKRUPTCY ACT, AS AMENDED 1875. 433 

Sec. 4. And be it further enacted, That every register 
in bankruptcy so appointed and qualified, shall have power, 
and it shall be his duty, to make adjudication of bank- 
ruptcy, to receive the surrender of any bankrupt, to ad- 
minister oaths in all proceedings before him, to hold and 
preside at meetings of creditors, to take proof of debts, to 
make all computations of dividends, and all orders of 
distribution, and to furnish the assignee with a certified 
copy of such orders, and of the schedules of creditors and 
assets filed in each case, to audit and pass accounts of as- 
signees, to grant protection, to pass the last examination 
of any bankrupt in cases whenever the assignee or a cred- 
itor do not oppose, and to sit in chambers and dispatch 
there such part of the administrative business of the court 
and such uncontested matters as shall be defined in gen- 
eral rules and orders, or as the district judge shall in any 
particular matter direct; and he shall also make short 
memoranda of his proceedings in each case in which he 
shall act, in a docket to be kept by him for that purpose, 
and he shall forthwith, as the proceedings are taken, for- 
ward to the clerk of the district court a certified copy of 
said memoranda, which shall be entered by said clerk in 
the proper minute-book to be kept in his office, and any 
register of the court may act for any other register thereof: 
Provided, however, That nothing in this section contained 
shall empower a register to commit for contempt, or to 
hear a disputed adjudication, or any question of the allow- 
ance or suspension of an order of discharge; but in all 
matters where an issue of fact or of law is raised and con- 
tested by any party to the proceedings before him, it shall 
be his duty to cause the question or issue to be stated by 
the opposing parties in writing, and he shall adjourn the 
same into court for decision by the judge. No register 
shall be of counsel or attorney, either in or out of court, 
in any suit or matter pending in bankruptcy in either the 
circuit or district court of his district, nor in an appeal 
therefrom ; nor shall he be executor, administrator, guard- 
ian, commissioner, appraiser, divider, or assignee, of or 
upon any estate within the jurisdiction of either of said 
courts of bankruptcy, nor be interested in the fees or 
37 



434 BANKRUPTCY ACT, AS AMENDED 1875. 

emoluments arising from either of said trusts. The fees of 
said registers, as established by this act, and by the gen- 
eral rules and orders required to be framed under it, shall 
be paid to them by the parties for whom the services may 
be rendered in the course of proceedings authorized by this 
act. 

Sec. 5. And be it further enacted, That the judge of 
the district court may direct a register to attend at any 
place within the district, for the purpose of hearing such 
voluntary applications under this act as may not be op- 
posed, of attending any meeting of creditors, or receiving 
any proof of debts, and, generally, for the prosecution of 
any bankruptcy or other proceedings under this act ; and 
the traveling and incidental expenses of such register, and 
of any clerk or other officer attending him, incurred in so 
acting, shall be settled by said court in accordance with ' 
the rules prescribed under the tenth section of this act, 
and paid out of the assets of the estate in respect of which 
such register has so acted ; or if there be no such assets, or 
if the assets shall be insufficient, then such expenses shall 
form a part of the costs in the case or cases in which the 
register shall have acted in such journey, to be apportioned 
by the judge ; and such register, so acting, shall have and 
exercise all powers, except the power of commitment, 
vested in the district court for the summoning and exam- 
ination of persons or witnesses, and for requiring the pro- 
duction of books, papers, and documents : Provided always, 
That all depositions of persons and witnesses taken before 
said register, and all acts done by him, shall be reduced to 
writing and be signed by him, and shall be filed in the 
clerk's office as part of the proceedings. Such register 
shall be subject to removal by the judge of the [circuit] 
district court, and all vacancies occurring by such removal, 
or by resignation, change of residence, death, or disability, 
shall be promptly filled by other fit persons, unless said 
court shall deem the continuance of the particular office 
unnecessary. 

Sec. C. And be it further enacted, That any party shall, 
during the proceedings before a register, be at liberty to 
take the opinion of the district judge upon any point or 



BANKRUPTCY ACT, AS AMENDED 1875. 435 

matter arising in the course of such proceedings, or upon 
the result of such proceedings, which shall be stated by the 
register in the shape of a short certificate to the judge, 
who shall sign the same, if he approve thereof; and such 
certificate, so signed, shall be binding on all the parties to 
the proceeding ; but every such certificate may be dis- 
charged or varied by the judge at chambers or in open 
court. In any baukruptcy, or in any other proceedings 
within the jurisdiction of the court under this act, the 
parties concerned, or submitting to such jurisdiction, may, 
at any stage of the proceedings, by consent, state any 
question or questions in a special case for the opinion of the 
court; and the judgment of the court shall be final, unless 
it be agreed and stated in such special case that either 
party may appeal, if, in such case, an appeal is allowed 
by this act. The parties may also, if they think fit, agree, 
that upon the question or questions raised by such special 
case being finally decided, a sum of money, fixed by the 
parties, or to be ascertained by the court, or in such 
manner as the com*t may direct, or any property, or the 
amount of any disputed debt or claim, shall be paid, de- 
livered, or transferred by one of such parties to the other 
of them, either with or without costs. 

Sec. 7. And be it further enacted, That parties and 
witnesses summoned before a register shall be bound to 
attend in pursuance of such summons at the place and 
time designated therein, and shall be entitled to protection, 
and be liable to process of contempt iu like manner as 
parties and witnesses are now liable thereto in case of de- 
fault in attendance under any writ of subpoena ; and all 
persons willfully and corruptly swearing or affirming 
falsely before a register shall be liable to all the penalties, 
punishments, and consequences of perjury. If any person 
examined before a register shall refuse or decline to an- 
swer, or to swear to or sign his examination when taken, 
the register shall refer the matter to the judge, who shall 
have power to order the person so acting to pay the costs 
thereby occasioned, if such person be compellable by law 
to answer such question, or to sign such examination, and 
such person shall also be liable to be punished for contempt. 



436 BANKRUPTCY ACT, AS AMENDED 1875. 



OF APPEALS AND PKACTICE. 

Sec. 8. And be it further enacted, That appeals may be 
taken from the district to the circuit courts in all cases in 
equity, and writs of error may be allowed to said circuit 
courts from said district courts in cases at law under the 
jurisdiction created by this act when the debt or damages 
claimed amount to more than five hundred dollars ; and 
any supposed creditor, whose claim is wholly or in part 
rejected, or an assignee who is dissatisfied with the allow- 
ance of a claim, may appeal from the decision of the dis- 
trict court to the circuit court for the same district ; but 
no appeal shall be allowed in any case from the district to 
the circuit court unless it is claimed, and notice given 
thereof to the clerk of the district court, to be entered 
with the record of the proceedings, and also to the as- 
signee or creditor, as the case may be, or to the defeated 
party in equity, within ten days after the entry of the de- 
cree or decision appealed from. The appeal shall be en- 
tered at the term of the circuit court which shall be first 
held within and for the district next after the expiration 
of ten days from the time of claiming the same. But if 
the appellant in writing waives his appeal before any de- 
cision thereon, proceedings may be had in the district 
court as if no appeal had been taken, and no appeal shall 
be allowed unless the appellant at the time of claiming the 
same shall give bond in manner now required by law in 
cases of such appeals. No writ of error shall be allowed 
unless the party claiming it shall comply with the statutes 
regulating the granting of such writs. 

Sec. 9. And be it furtlxer enacted, That in cases arising 
under this act no appeal or writ of error shall be allowed 
in any case from the circuit courts to the Supreme Court 
of the United States unless the matter in dispute in such 
case shall exceed two thousand dollars. 

Sec. 10. And be it f wilier enacted, That the justices of 
the Supreme Court of the United States, subject to the 
provisions of this act, shall frame general orders for the 
fallowing purposes: 

For regulating the practice and procedure of the district 



BANKRUPTCY ACT, AS AMENDED 1875. 437 

courts ill bankruptcy, and the several forms of petitions, 
orders, and other proceedings to be used in said courts in 
all matters under this act ; 

For regulating the duties of the various officers of said 
courts ; 

For regulating the fees payable, and the charges and costs 
to be allowed, with respect to all proceedings in bankruptcy 
before said courts, not exceeding the rate of fees now 
allowed by law for similar services in other proceedings : 

For regulating the practice and procedure upon appeals ; 

For regulating the filing, custody, and inspection of rec- 
ords; 

And generally for carrying the provisions of this act into 
effect. 

After such general orders shall have been so framed, 
they, or any of them, may be rescinded or varied, and 
other general orders may be framed in manner aforesaid, 
and all such general orders so framed shall, from time to 
time, be reported to Congress, with such suggestions as 
said justices may think proper. 

VOLUNTARY BANKRUPTCY — COMMENCEMENT OF 
PROCEEDINGS. 

Sec. 11. And be it further enacted, That if any person 
residing within the jurisdiction of the United States, owing 
debts provable under this act exceeding the amount of 
three hundred dollars, shall apply by petition, addressed 
to the judge of the judicial district in which such debtor 
has resided or carried on business for the six months next 
immediately preceding the time of filing such petition, or 
for the longest period during such six months, setting forth 
his place of residence, his inability to pay all his debts in 
full, his willingness to surrender all his estate and effects 
for the benefit of his creditors, and his desire to obtain the 
benefit of this act, and shall annex to his petition a sched- 
ule, verified by oath before the court, or before a register 
in bankruptcy, or before one of the commissioners of the 
Circuit Court of the United States, containing a full and 
true statement of all his debts, and, as far as possible, to 
whom due, with the place of residence of each creditor, if 
known to the debtor, and if not known the fact to be so 



438 BANKRUPTCY ACT, AS AMENDED 1875. 

stated, and the sum due to each creditor, also the nature 
of each debt or demand, whether founded on written se- 
curity, obligation, contract, or otherwise, and also the true 
cause and consideration of such indebtedness in each case, 
and the place where such indebtedness accrued, and a 
statement of any existing mortgage, pledge, lien, judg- 
ment, or collateral or other security given for the pay- 
ment of the same ; and shall also annex to his petition an 
accurate inventory and valuation, verified in like manner, 
of all his estate, both real and personal, assignable under 
this act, describing the same, and stating where it is situ- 
ated, and whether there are any, and if so, what incum- 
brances thereon, the filing of such petition shall be an act 
of bankruptcy, and such petitioner shall be adjudged a 
bankrupt : Provided, That all citizens of the United States 
petitioning to be declared bankrupt, shall, on filing such 
petition and before any proceedings thereon, take and 
subscribe an oath of allegience and fidelity to the United 
States, which oath shall be filed and recorded with the 
proceedings in bankruptcy. And the judge of the district 
court, or, if there be no opposing party, any register of 
said court, to be designated by the judge, shall forthwith, 
if he be satisfied that the debts due from the petitioner 
exceed three hundred dollars, issue a warrant, to be signed 
by such judge or register, directed to the marshal of said 
district, authorizing him forthwith, as messenger, to pub- 
lish notices in such newspapers as the marshal shall select, 
not exceeding two ; to serve written or printed notice, by 
mail or personally, on all creditors upon the schedule filed 
with the debtor's petition, or whose names may be given 
to him, in addition, by the debtor, and to give such per- 
sonal or other notice to any persons concerned as the war- 
rant specifies. But whenever the creditors of the bank- 
rupt are so numerous as to make any notice now required 
by law to them, by mail or otherwise a great and dispro- 
portionate expense to the estate, the court may in lieu 
thereof, in its discretion, order such notice to be given by 
publication in a newspaper or newspapers to all such cred- 
itors whose claims as reported do not exceed the sums 
respectively of fifty dollars, which notice shall state — 



BANKRUPTCY ACT, AS AMENDED 1875. 439 

First, That a warrant in bankruptcy has been issued 
against the estate of the debtor. 

Second, That the payment of any debts and the delivery 
of any property belonging to such debtor to him or for his 
use, and the transfer of any property by him, are forbidden 
by law. 

Third, That a meeting of the creditors of the debtor, 
giving the names, residences, and amounts, so far as 
known, to prove their debts and choose one or more as- 
signees of his estate, will be held at a court of bankruptcy, 
to be holden at a time and place designated in the war- 
rant, not less than ten nor more than ninety days after the 
issuing of the same. 

OF ASSIGNMENTS AND ASSIGNEES. 

Sec. 12. And be it further enacted, That at the meet- 
ing, held in pursuance of the notice, one of the registers 
of the court shall preside, and the messenger shall make 
return of the warrant and of his doings thereon ; and if it 
appears that the notice to the creditors has not been as re- 
quired in the warrant, the meeting shall forthwith be ad- 
journed, and a new notice given as required. If the 
debtor dies after the issuing the warrant, the proceedings 
may be continued and concluded in like manner as if he 
had lived. 

Sec. 13. And be it further enacted, That the creditors 
shall, at the first meeting held after due notice from the 
messenger, in presence of a register designated by the 
court, choose one or more assignees of the estate of the 
debtor; the choice to be made by the greater part in value 
and in number of the creditors who have proved their 
debts. If no choice is made by the creditors at said meet- 
ing, the judge, or, if there be no opposing interest, the 
register shall appoint one or more assignees. If an as- 
signee, so chosen or appointed, fails within five days to ex- 
press in writing his acceptance of the trust, the judge or 
register may fill the vacancy. All elections or appoint- 
ments of assignees shall be subject to the approval of the 
judge ; and when in his judgment it is for any cause 
needful or expedient, he may appoint additional assignees, 



440 BANKRUPTCY ACT, AS AMENDED 1875. 

or order a new election. The judge at any time may, and, 
upon the request in writing of any creditor who has proved 
his claim, shall require the assignee to give good and suffi- 
cient bond to the United States, with a condition for the 
faithful performance and discharge of his duties ; the bond 
shall be approved by the judge or register by his indorse- 
ment thereon, shall be filed with the record of the case, 
and inure to the benefit of all creditors proving their 
claims, and may be prosecuted in the name and for the 
benefit of any injured party. If the assignee fails to give 
the bond within such time as the judge orders, not exceed- 
ing ten days after notice to him of such order, the judge 
shall remove him and appoint another in his place. 

Sec. 14. And be it further enacted, That as soon as said 
assignee is appointed and qualified, the judge, or, where 
there is no. opposing interest, the register shall, by an in- 
strument under his hand, assign and convey to the as- 
signee all the estate, real and personal, of the bankrupt, 
with all his deeds, books, and papers relating thereto, and 
such assignment shall relate back to the commencement 
of said proceedings in bankruptcy, and thereupon, by op- 
eration of law, the title to all such property and estate, 
both real and personal, shall vest in said assignee, although 
the same is then attached on mesne process as the prop- 
erty of the debtor, and shall dissolve any such attachment 
made within four months next preceding the commence- 
ment of said proceedings: Provided, however, That there 
shall be excepted from the operation of the provisions of 
this section the necessary household and kitchen furniture, 
and such other articles and necessaries of such bankrupt 
as the said assignee shall designate and set apart, having 
reference in the amount to the family, condition, and cir- 
cumstances of the bankrupt, but altogether not to exceed 
in value, in any case, the sum of five hundred dollars ; 
and also the wearing apparel of such bankrupt, and that 
of his wife and children, and the uniform, arms, and equip- 
ments of any person who is or has been a soldier in the 
militia or in the service of the United States ; and such 
other property as now is, or hereafter shall be, exempted 
from attachment, or seizure, or levy on execution by the 



BANKRUPTCY ACT, AS AMENDED 1875. 441 

laws of the United States, and such other property not in- 
cluded in the foregoing exceptions as is exempted from 
levy and sale upon execution or other process or order of 
any court hy the laws of the State in which the bankrupt 
has his domicile at the time of the commencement of the 
proceedings in bankruptcy, to an amount not exceeding 
that allowed by such State exemption laws in force in the 
year eighteen hundred and sixty-four : Provided, That the 
foregoing exception shall operate as a limitation upon the 
conveyance of the property of the bankrupt to his assignees, 
and in no case shall the property hereby excepted pass to 
the assignees, or the title of the bankrupt thereto be im- 
paired or affected by any of the provisions of this act ; 
and the determination of the assignee in the matter shall, 
on exception taken, be subject to the final decision of the 
said court : And provided further, That no mortgage of any 
vessel or of any other goods or chattels, made as security 
for any debt or debts, in good faith and for present con- 
siderations, and otherwise valid, and duly recorded, pur- 
suant to any statute of the United States, or of any State, 
shall be invalidated or affected hereby ; and all the prop- 
erty conveyed by the bankrupt in fraud of his creditors ; 
all rights in equity, choses in action, patents and patent 
rights and copyrights ; all debts due him, or any person 
for his use, and all liens and securities therefor ; and all 
his rights of action for property or estate, real or per- 
sonal, and for any cause of action Avhich the bankrupt 
had against any person arising from contract or from the 
unlawful taking or detention of or injury to the property 
of the bankrupt ; and all his rights of redeeming such 
property or estate, with the like right, title, power, and 
authority to sell, manage, dispose of, sue for, and recover 
or defend the same, as the bankrupt might or could have 
had if no assignment had been made, shall, in virtue of 
the adjudication of bankruptcy and the appointment of 
his assignee, be at once vested in such assignee; and he 
may sue for and recover the said estate, debts, and effects, 
and may prosecute and defend all suits at law or in equity, 
pending at the time of the adjudication of bankruptcy, in 
which such bankrupt is a party in his own name, in the 



442 BANKRUPTCY ACT, AS AMENDED 1875. 

same manner and with the like effect as they might have 
been presented or defended by such bankrupt ; and a copy, 
duly certified by the clerk of the court under the seal 
thereof, of the assignment made by the judge or register, 
as the case may be, to him as assignee, shall be conclusive 
evidence of his title as such assignee to take, hold, sue 
for, and recover the property of the bankrupt, as herein- 
before mentioned; but no property held by the bankrupt 
in trust shall pass by such assignment. No person shall 
be entitled to maintain an action against an assignee in 
bankruptcy for any thing done by him as such assignee, 
"without previously giving him twenty days' notice' of such 
action, specifying the cause thereof, to the end that such 
assignee may have an opportunity of tendering amends, 
should he see fit to do so. No person shall be entitled, as 
against the assignee, to withhold from him possession of 
any books of account of the bankrupt, or claim any lien 
thereon ; and no suit in which the assignee is a party shall 
be abated by his death or removal from office, but the 
same may be prosecuted and defended by his successor, or 
by the surviving or remaining assignee, as the case may 
be. The assignee shall have authority, under the order 
and direction of the court, to redeem or discharge any 
mortgage or conditional contract, or pledge or deposit, or 
lien upon any property, real or personal, whenever paya- 
ble, and to tender due performance of the condition there- 
of, or to sell the same subject to such mortgage, lien, or 
other incumbrances. The debtor shall also, at the request 
of the assignee, and at the expense of the estate, make 
and execute any instruments, deeds, and writings which 
may be proper, to enable the assignee to possess himself 
fully of all the assets of the bankrupt. The assignee shall 
immediately give notice of his appointment, by publication 
at least once a week for three successive weeks, in such 
newspapers as shall, for that purpose, be designated by the 
court, due regard being had to their general circulation in 
the district, or in that portion of the district in which the 
bankrupt and his creditors shall reside, and shall, within 
six months, cause the assignment to him to be recorded in 
every registry of deeds or other office within the United 



BANKRUPTCY ACT, AS AMENDED 1875. 443 

States where a conveyance of any lands owned hy the 
bankrupt ought by law to be recorded ; and the record of 
such assignment, or a duly certified copy thereof, shall be 
evidence thereof in all courts. 

Sec. 15. And be it further enacted, That the assignee 
shall demand and receive from any and all persons holding 
the same all the estate assigned, or intended to be assigned, 
under the provisions of this act ; that unless otherwise or- 
dered by the court, the assignee shall sell the property of 
the bankrupt, whether real or personal, at public auction, 
in such parts or parcels and at such times and places as 
shall be best calculated to produce the greatest amount 
with the least expense. All notices of public sales under 
this act by any assignee or officer of the court shall be 
published once a week for three consecutive weeks in the 
newspaper or newspapers, to be designated by the judge, 
which, in his opinion, shall be best calculated to give gen- 
eral notice of the sale. And the court, on the application 
of any party in interest, shall have complete supervisory 
power over such sales, including the power to set aside the 
same and to order a re-sale, so that the property sold shall 
realize the largest sum. And the court may, in its dis- 
cretion, order any real estate of the bankrupt, or any part 
thereof, to be sold for one-fourth cash at the time of sale, 
and the residue within eighteen months in such instalments 
as the court may direct, bearing interest at the rate of 
seven per centum per annum, and secured by proper mort- 
gage or lien upon the property so sold. And it shall be 
the duty of every assignee to keep a regular account of 
all moneys received or expended by him as such assignee, 
to which account every creditor shall, at reasonable times, 
have free access. If any assignee shall fail or neglect to 
well and faithfully discharge his duties in the sale or dis- 
position of property as above contemplated, it shall be the 
duty of the court to remove such assignee, and he shall 
forfeit all fees and emoluments to which he might be enti- 
tled in connection with such sale. And if any assignee 
shall, in any manner, in violation of his duty aforesaid, 
unfairly or wrongfully sell or dispose of, or in any man- 
ner fraudulently or corruptly combine, conspire, or agree 



444 BANKRUPTCY ACT, AS AMENDED 1875. 

with any person or persons, with intent to unfairly or 
wrongfully sell or dispose of the property committed to 
his charge, he shall, upon proof thereof, be removed, and 
forfeit all fees or other compensation for any and all serv- 
ices in connection with such bankrupt's estate, and, upon 
conviction thereof before any court of competent jurisdic- 
tion, shall be liable to a fine of not more than ten thou- 
sand dollars, or imprisonment in the penitentiary for a 
term of not exceeding two years, or both fine and impris- 
onment, at the discretion of the court. And any person 
so combining, conspiring, or agi-eeing with such assignee 
for the purpose aforesaid shall, upon conviction, be liable 
to a like punishment. That the assignee shall report, 
under oath, to the court, at least as often as once in three 
months, the condition of the estate in his charge, and the 
state of his accounts in detail, and at all other times wheu 
the court, on motion or otherwise, shall so order. And on 
any settlement of the accounts of any assignee, he shall be 
required to account for all interest, benefit, or advantage 
received, or in any manner agreed to be received, directly 
or indirectly, from the use, disposal, or proceeds of the 
bankrupt's estate. And he shall be required, upon such 
settlement, to make and file in court an affidavit declaring, 
according to the truth, whether he has or has not, as the 
case may be, received, of is or is not, as the case may be, 
to receive, directly or indirectly, any interest, benefit, or 
advantage from the use or deposit of such funds ; and 
such assignee may be examined orally upon the same sub- 
ject, and if he shall willfully swear falsely, either in such 
affidavit or examination, or to his report provided for in 
this section, he shall be deemed to be guilty of perjury, 
and, on conviction thereof, be punished by imprisonment 
in the penitentiary not less than one and not more than 
five years. 

Sec. 16. And be it further enacted, That the assignee 
shall have the like remedy to recover all said estate, debts, 
and effects, in his own name, as the debtor might have 
had if the decree in bankruptcy had not been rendered 
and no assignment had been made. If, at the time of the 
commencement of proceedings in bankruptcy, an action is 



BANKRUPTCY ACT, AS AMENDED 1875. 445 

pending in the name of the debtor for the recovery of a 
debt or other thing which might or ought to pass to the 
assignee by the assignment, the assignee shall, if he re 
quires it, be admitted to prosecute the action in his own 
name, in like manner and with like effect, as if it had 
been originally commenced by him. No suit pending in 
the name of the assignee shall be abated by his death or 
removal ; but upon the motion of the surviving, or re- 
maining, or new assignee, as the case may be, he shall be 
admitted to prosecute the suit, in like manner and with 
like effect as if it had been originally commenced by him. 
In suits prosecuted by the assignee, a certified copy of the 
assignment made to him by the judge or register shall be 
conclusive evidence of his authority to sue. 

Sec. 17. And be it farther enacted, That the assignee 
shall, as soon as may be after receiving any money belong- 
ing to the estate, deposit the same in some bank in his 
name as assignee, or otherwise keep it distinct and apart 
from all other money in his possession; and shall, as far 
as practicable, keep all goods and effects belonging to the 
estate separate and apart from all other goods in his pos- 
session, or designated by appropriate marks, so that they 
may be easily and clearly distinguished, and may not be 
exposed or liable to be taken as his property or for the 
payment of his debts. When it appears that the distri- 
bution of the estate may be delayed by litigation or other 
cause, the court may direct the temporary investment of 
the money belonging to such estate in securities to be 
approved by the judge or a register of said court, or may 
authorize the same to be deposited in any convenient 
bank, upon such interest, not exceeding the legal rate, as 
the bank may contract with the assignee to pay thereon. 
He shall give written notice to all known creditors, by 
mail or otherwise, of all dividends, and such notice of 
meetings, after the first, as may be ordered by the court. 
He shall be allowed, and may retain, out of money in his 
hands, all the necessary disbursements made by him in the 
discharge of his duty, and a reasonable compensation for 
his services, in the discretion of the court. He may, 
under the direction of the court, submit any controversy, 



446 BANKRUPTCY ACT, AS AMENDED 1875. 

arising in the settlement of demands against the estate, or 
of debts due to it, to the determination of arbitrators, to 
be chosen by him and the other party to the controversy, 
and may, under such direction, compound and settle any 
such controversy by agreement with the other party, as 
he thinks proper and most for the interest of the creditors. 
Sec. 18. And be it further enacted, That the court, after 
due notice and hearing, may remove an assignee for any 
cause which, in the judgment of the court, renders such 
removal necessary or expedient. At a meeting called by 
order of the court in its discretion for the purpose, or 
which shall be called upon the application of a majority 
of the creditors in number and value, the creditors may, 
with consent of the court, remove any assignee by such a 
vote as is hereinbefore provided for the choice of assignee. 
An assignee may, with the consent of the judge, resign 
his trust and be discharged therefrom. Vacancies caused 
by death or otherwise in the office of assignee may be 
filled by appointment of the court, or, at its discretion, by 
an election by the creditors, in the manner hereinbefore 
provided, at a regular meeting, or at a meeting called for 
the purpose, with such notice thereof in writing to all 
known creditors, and by such person, as the court shall 
direct. The resignation or removal of an assignee shall 
in no way release him from performing all things requisite 
on his part for the proper closing up of his trust and the 
transmission thereof to his successors, nor shall it affect 
the liability of the principal or surety on the bond given 
by the assignee. When, by death or otherwise, the num- 
ber of assignees is reduced, the estate of the debtor not 
lawfully disposed of shall vest in the remaining assignee 
or assignees, and the persons selected to fill vacancies, if 
any, Avith the same powers and duties relative thereto as 
if they were originally chosen. Any former assignee, his 
executors or administrators upon request, and at the ex- 
pense of the estate, shall make and execute to the new 
assignee all deeds, conveyances, and assurances, and do all 
other lawful acts requisite to enable him to recover and 
receive all the estate. And the court may make all or- 
ders which it may deem expedient to secure the proper 



BANKRUPTCY ACT, AS AMENDED 1875. 447 

fulfillment of the duties of any former assignee, and the 
rights and interests of all persons interested in the estate. 
No person who has received any preference contrary to 
the provisions of this act shall vote for or be eligible as 
assignee ; but no title to property, real or personal, sold, 
transferred, or conveyed by an assignee, shall be affected 
or impaired by reason of his ineligibility. An assignee 
refusing or unreasonably neglecting to execute an instru- 
ment when lawfully required by the court, or disobeying a 
lawful order or decree of the court in the premises, may 
be punished as for a contempt of court. 

OF DEBTS AND PROOF OF CLAIMS. 

Sec. 19. And be it further enacted, That all debts due 
and payable from the bankrupt at the time of the adjudi- 
cation of bankruptcy, and all debts then existing but not 
payable until a future day, a rebate of interest being 
made when no interest is payable by the terms of contract, 
may be proved against the estate of the bankrupt. All 
demands against the bankrupt for or on account of any 
goods or chattels wrongfully taken, converted, or with- 
held by him, may be proved and allowed as debts to the 
amount of the value of the property so taken or withheld, 
with interest. If the bankrupt shall be bound as drawer, 
indorser, surety, bail, or guarantor upon any bill, bond, 
note, or any other specialty or contract, or for any debt of 
another person, and his liability shall not have become 
absolute until after the adjudication of bankruptcy, the 
creditor may prove the same, after such liability shall have 
become fixed, and before the final dividend shall have been 
declared. In all cases of contingent debts and contingent 
liabilities contracted by the bankrupt, and not herein 
otherwise provided for, the creditor may make claim there- 
for, and have his claim allowed, with the right to share in 
the dividends, if the contingency shall happen before the 
order for the final dividend ; or he may at any time apply 
to the court to have the present value of the debt or lia- 
bility ascertained and liquidatad, which shall then be done 
in such manner as the court shall order, and he shall be 



448 BANKRUPTCY ACT, AS AMENDED 1875. 

allowed to prove for the amount so ascertained. Any per- 
son liable as bail, surety, guarantor, or otherwise for the 
bankrupt, who shall have paid the debt or any part there- 
of in discharge of the whole, shall be entitled to prove 
such debt, or to stand in the place of the creditor if he 
shall have proved the same, although such payments shall 
have been made after the proceedings in bankruptcy were 
commenced. And any person so liable for the bankrupt, 
and who has not paid the whole of said debt, but is still 
liable for the same or any part thereof, may, if the cred- 
itor shall fail or omit to prove such debt, prove the same 
either in the name of the creditor or otherwise, as may be 
provided by the rules, and subject to such regulations and 
limitations as may be established by such rules. Where 
the bankrupt is liable to pay rent, or other debt falling 
due at fixed and stated periods, the creditor may prove 
for a proportionate part thereof up to the time of the 
bankruptcy, as if the same grew due from day to day, 
and not at such fixed and stated periods. If any bank- 
rupt shall be liable for unliquidated damages arising out of 
any contract or promise, or on account of any goods or 
chattels wrongfully taken, converted, or withheld, the court 
may cause such damages to be assessed in such mode as it 
may deem best, and the sum so assessed may be proved 
against the estate. No debts other than those above speci- 
fied shall be proved or allowed against the estate. 

Sec. 20. And be it further enacted, That in all cases of 
mutual debts or mutual credits between the parties, the 
account between them shall be stated, and one debt set off 
against the other, and the balance only shall be allowed or 
paid, but no set-off shall be allowed of a claim in its nature 
not provable against the estate, or in cases of compulsory 
bankruptcy after the act of bankruptcy upon or in respect 
of which the adjudication shall be made, and with 
a view of making such set-off: Provided, That no set- 
off shall be allowed in favor of any debtor to the 
bankrupt of a claim purchased by or transferred to him 
after the filing of the petition. When a creditor has a 
mortgage or pledge of real or personal property of the 
bankrupt, or a lien thereon for securing the payment of a 



BANKRUPTCY ACT, AS AMENDED 1875. 449 

debt owing to him from the bankrupt, he shall be admitted 
as a creditor only for the balance of the debt after deduct- 
ing the value of such property, to be ascertained by agree- 
ment between him and the assignee, or by a sale thereof, 
to be made in such manner as the court shall direct ; or 
the creditor may release or convey his claim to the 
assignee upon such property, and be admitted to prove his 
whole debt. If the value of the property exceeds the sum 
for which it is so held as security, the assignee may release 
to the creditor the bankrupt's right of redemption therein 
on receiving such excess ; or he may sell the property, 
subject to the claim of the creditor thereon ; and in either 
case the assignee and creditor, respectively, shall execute 
all deeds and writings necessary or proper to consummate 
the transaction. If the property is not so sold or released 
and delivered up, the creditor shall not be allowed to prove 
any part of his debt. 

Sec. 21. And be it furilier enacted, That no creditor prov- 
ing his debt or claim shall be allowed to maintain any suit 
at law or in equity therefor against the bankrupt, but shall 
be deemed to have waived all right of action and suit 
against the bankrupt, and all proceedings already com- 
menced, or unsatisfied judgments already obtained thereon, 
shall be deemed to be discharged and surrendered thereby. 
But a creditor proving his debt or claim shall not be held 
to have waived his right of action or suit against the bank- 
rupt where a discharge has been refused, or the proceed- 
ings have been determined without a discharge ; and no 
creditor whose debt is provable under this act shall be 
allowed to prosecute to final judgment any suit at law or 
in equity therefor against the bankrupt, until the question 
of the debtor's discharge shall have been determined ; and 
any such suit or proceedings shall, upon the application of 
the bankrupt, be stayed to await the determination of the 
court in bankruptcy on the question of the discharge, 
provided there be no unreasonable delay on the part 
of the bankrupt in endeavoring to obtain his dis- 
charge, and provided, also, that if the amount due the 
creditor is in dispute, the suit, by leave of the court in 
bankruptcy, may proceed to judgment, for the purpose of 
38 



450 BANKRUPTCY ACT, AS AMENDED 1875. 

ascertaining the amount due, which amount may be proved 
in bankruptcy, but execution shall be stayed as aforesaid. 
If any bankrupt shall, at the time of adjudication, be 
liable upon any bill of exchange, promissory note, or other 
obligation in respect of distinct contracts as a member of 
two or more firms carrying on separate and distinct trades, 
and having distinct estates to be wound up in bankruptcy, 
or as a sole trader and also as a member of a firm, the 
circumstance that such firms are in whole or in part com- 
posed of the same individuals, or that the sole contractor 
is also one of the joint contractors, shall not prevent proof 
and receipt of dividend in respect of such distinct contracts 
against the estates respectively liable upon such contracts. 
Sec. 22. And be it further enacted, That all proofs of 
debts against the estate of the bankrupt, by or in behalf 
of creditors residing within the judicial district where the 
proceedings in bankruptcy are pending, shall be made 
before one of the registers of the court in said district, 
and by or in behalf of non-resident debtors before any 
register in bankruptcy in the judicial district where such 
creditors, or either of them, reside, or before any commis- 
sioner of the circuit court authorized to administer oaths 
in any district. To entitle a claimant against the estate 
of a bankrupt to have his demand allowed, it must be 
verified by a deposition in writing on oath or solemn affir- 
mation before the proper register or commissioner, setting 
forth the demand, the consideration thereof, whether any 
and what securities are held therefor, and whether any 
and what payments have been made thereon ; that the 
sum claimed is justly due from the bankrupt to the claim- 
ant ; that the claimant has not, nor has any other person 
for his use, received any security or satisfaction whatever 
other than that by him set forth ; that the claim was not 
procured for the purpose of influencing the proceedings 
under this act, and that no bargain or agreement, express or 
implied, has been made or entered into, by or on behalf of 
such creditor, to sell, transfer, or dispose of the said claim, or 
any part thereof, against such bankrupt, or take or receive, 
directly or indirectly, any money, property, or considera- 
tion whatever, whereby the vote of such creditor for as- 



BANKRUPTCY ACT, AS AMENDED 1875. 451 

signee, or any action on the part of such creditor or any 
other person in the proceedings under this act, is or shall 
be in any way affected, influenced, or controlled, and no 
claim shall be allowed unless all the statements set forth in 
such deposition shall appear to be true. Such oath or sol- 
emn affirmation shall be made by the claimant testifying 
of his own knowledge, unless he is absent from the United 
States or prevented by some other good cause from testi- 
fying, in which cases the demand may be verified in like 
manner by the attorney or authorized agent of the claim- 
ant testifying to the best of his knowledge, information, 
and belief, and setting forth his means of knowledge, or, 
if in a foreign country, the oath of the creditor may be 
taken before any minister, consul, or vice-consul of the 
United States ; and the court may, if it shall see fit, 
require or receive further pertinent evidence, either for or 
against the admission of the claim. Corporations may 
verify their claims by the oath or solemn affirmation of 
their president, cashier, or treasurer. If the proof is sat- 
isfactory to the register or commissioner, it shall be signed 
by the deponent, and delivered or sent by mail to the as- 
signee, who shall examine the same and compare it with 
the books and accounts of the bankrupt, and shall regis- 
ter, in a book to be kept by him for that purpose, the 
names of creditors who have proved their claims, in the 
order in which such proof is received, stating the time of 
receipt of such proof, and the amount and nature of the 
debts, which books shall be open to the inspection of ail 
the creditors. The court may, on the application of the 
assignee, or of any creditor, or of the bankrupt, or without 
any application, examine upon oath the bankrupt, or any 
person tendering or who has made proof of claims, and 
may summon any person capable of giving evidence con- 
cerning such proof, or concerning the debt sought to be 
proved, and shall reject all claims not duly proved, or 
where the proof shows the claim to be founded in fraud, 
illegality, or mistake. 

Sec. 23. And be it furtJier enacted, That when a claim is 
presented for proof before the election of the assignee, and 
the judge entertains doubts of its validity, or of the right 



452 BANKRUPTCY ACT, AS AMENDED 1875. 

of the creditor to prove it, and is of opinion that such 
validity or right ought to be investigated by the assignee, 
he may postpone the proof of the claim until the assignee 
is chosen. Any person who, after the approval of this 
act, shall have accepted any preference, having reasonable 
cause to believe that the same was made or given by the 
debtor, contrary to any provision of this act, shall not 
prove the debt or claim on account of which the preference 
was made or given, nor shall he receive any dividend 
therefrom, until he shall first have surrendered to the as- 
signee all property, money, benefit, or advantage, received 
by him under such preference. The court shall allow all 
debts duly proved, and shall cause a list thereof to be 
made and certified by one of the registers ; and any cred- 
itor may act at all meetings by his duly constituted attor- 
ney the same as though personally present. 

Sec. 24. And be it further enacted, That a supposed cred- 
itor who takes an appeal to the circuit court from the 
decision of the district court rejecting his claim, in whole 
or in part, shall, upon entering his appeal in the circuit 
court, file in the clerk's office thereof a statement in writ- 
ing of his claim, setting forth the same, substantially, as 
iu a declaration for the same cause of action at law, and 
the assignee shall plead or answer thereto in like manner, 
and like proceedings shall thereupon be had in the plead- 
ings, trial, and determination of the cause, as in an action 
at law commenced and prosecuted, in the usual manner, 
in the courts of the United States, except that no execu- 
tion shall be awarded against the assignee for the amount 
of a debt found due to the creditor. The final judgment 
of the court shall be conclusive, and the list of debts 
shall, if necessary, be altered to conform thereto. The 
party prevailing in the suit shall be entitled to costs 
against the adverse party, to be taxed and recovered as in 
suits at law ; if recovered against the assignee they shall 
be allowed out of the estate. A bill of exchange, prom- 
issory note, or other instrument, used in evidence upon the 
proof of a claim, and left in court, or deposited in the 
clerk's office, may be delivered, by the register or clerk 
having the custody thereof, to the person who used it, 



BANKRUPTCY ACT, AS AMENDED 1875. 453 

upon his filing a copy thereof, attested by the clerk of the 
court, who shall indorse upon it the name of the party 
against whose estate it has been proved and the date and 
amount of any dividend declared thereon. 

OF PROPERTY PERISHABLE AND IN DISPUTE. 

Sec. 25. And be it further enacted, That when it appears 
to the satisfaction of the court that the estate of the debtor, 
or any part thereof, is of a perishable nature, or liable to 
deteriorate in value, the court may order the same to be 
sold, in such manner as may be deemed most expedient, 
under the direction of the messenger or assignee, as the 
case may be, who shall hold the funds received in place of 
the estate disposed of; and whenever it appears to the 
satisfaction of the court that the title to any portion of 
an estate, real or personal, which has come into possession 
of the assignee, or which is claimed by him, is in dispute, 
the court may, upon the petition of the assignee, and after 
such notice to the claimant, his agent or attorney, as the 
court shall deem reasonable, order it to be sold, under the 
direction of the assignee, who shall hold the funds received 
in place of the estate disposed of; and the proceeds of the 
sale shall be considered the measure of the value of the 
property in any suit or controversy between the parties in 
any courts. But this provision shall not prevent the 
recovery of the property from the possession of the as- 
signee by any proper action commenced at any time before 
the court orders the sale. 

EXAMINATION OF BANKRUPTS. 

Sec. 26. And be it further enacted, That the court may, 
on the application of the assignee in bankruptcy, or of 
any creditor, or without any application, at all times re- 
quire the bankrupt, upon reasonable notice, to attend and 
submit to an examination, on oath, upon all matters relat- 
ing to the disposal or condition of his property, to his 
trade and dealings with others, and his accounts concern- 
ing the same, to all debts due to or claimed from him, 
and to all other matters concerning his property and estate 



454 BANKRUPTCY ACT, AS AMENDED 1875. 

and the due settlement thereof according to law, which 
examination shall be in writing, and shall be signed by 
the bankrupt and filed with the other proceedings ; and 
the court may, in like manner, require the attendance of 
any other person as a witness, and if such person shall 
fail to attend, on being summoned thereto, the court may 
compel his attendance by warrant directed to the marshal, 
commanding him to arrest such person and bring him 
forthwith before the court, or before a register in bank- 
ruptcy, for examination as such witness. If the bankrupt 
is imprisoned, absent, or disabled from attendance, the 
court may order him to be produced by the jailer, or any 
officer in whose custody he may be, or may direct the 
examination to be had, taken, and certified, at such time 
and place and in such manner, as the court may deem 
proper, and with like effect as if such examination had 
been had in court. The bankrupt shall, at all times, 
until his discharge, be subject to the order of the court, 
and shall, at the expense of the estate, execute all proper 
writings and instruments, and do and perform all acts 
required by the court touching the assigned property or 
estate, and to enable the assignee to demand, recover, and 
receive all the property and estate assigned, wherever sit- 
uated ; and for neglect or refusal to obey any order of 
the court, such bankrupt may be committed and punished 
as for a contempt of court. If the bankrupt is without 
the district, and unable to return and personally attend at 
any of the times or do any of the acts which may be 
specified or required pursuant to this section, and if it 
appears that such absence was not caused by willful default, 
and if, as soon as may be after the removal of such imped- 
iment, he offers to attend and submit to the order of the 
court in all respects, he shall be permitted so to do, with 
like effect as if he had not been in default. He shall 
also be at liberty, from time to time, upon oath, to amend 
and correct his schedule of creditors and property, so that 
the same shall conform to the facts. For good cause 
shown the wife of any bankrupt may be required to attend 
before the court, to the end that she may be examined as 
a witness ; and if such wife do not attend at the time and 



BANKRUPTCY ACT, AS AMENDED 1875. 455 

place specified in the order, the bankrupt shall not be 
entitled to a discharge unless he shall prove to the satis- 
faction of the court that he was unable to procure the 
attendance of his wife. No bankrupt shall be liable to 
arrest during the pendency of the proceedings in bank- 
ruptcy in any civil action, unless the same is founded on 
some debt or claim from which his discharge in bankruptcy 
would not release him. In all causes and trials arising or 
ordered under this act, the alleged bankrupt, and any 
party thereto, shall be a competent witness. 

OF THE DISTRIBUTION OF THE BANKRUPT'S ESTATE. 

Sec. 27. And be it further enacted, That all creditors 
whose debts are duly proved and allowed shall be entitled 
to share in the bankrupt's property and estate pro rata, 
without any priority or preference whatever, except that 
wages due from him to any operative, or clerk, or house 
servant, to an amount not exceeding fifty dollars, for labor 
performed within six months next preceding the adjudica- 
tion of bankruptcy, shall be entitled to priority, and shall 
be first paid in full : Provided, That any debt proved by 
any person liable as bail, surety, guarantor, or otherwise, 
for the bankrupt shall not be paid to the person so prov- 
ing the same until satisfactory evidence shall be produced 
of the payment of such debt by such person so liable, and 
the share to which such debt would be entitled may be 
paid into court, or otherwise held for the benefit of the 
party entitled thereto, as the court may direct. At the 
expiration of three months from the date of the adjudi- 
cation of bankruptcy in any case, or as much earlier as 
the court may direct, the court, upon request of the as- 
signee, shall call a general meeting of the creditors, of 
which due notice shall be given, and the assignee shall 
then report, and exhibit to the court and to the creditors 
just and true accounts of all his receipts and payments, 
verified by his oath, and he shall also produce and file 
vouchers for all payments for which vouchers shall be 
required by any rule of the court; he shall also submit 
the schedule of the bankrupt's creditors and property as 



456 BANKRUPTCY ACT, AS AMENDED 1875. 

amended, duly verified by the bankrupt, and a statement 
of the whole estate of the bankrupt as then ascertained, 
of the property recovered and of the property outstanding, 
specifying the cause of its being outstanding, also what 
debts or claims are yet undetermined, and stating what 
sum remains in his hands. At such meeting the majority 
in value of the creditors present shall determine whether 
any and what part of the net proceeds of the estate, after 
deducting and retaining a sum sufficient to provide for all 
undetermined claims which, by reason of the distant resi- 
dence of the creditor, or for other sufficient reason, have 
not been proved, and for other expenses and contingencies, 
shall be divided among the creditors ; but unless at least 
one-half in value of the creditoi's shall attend such meet- 
ing, either in person or by attorney, it shall be the duty 
of the assignee so to determine. In case a dividend is 
ordered the register shall within ten days after such meet- 
ing, prepare a list of creditors entitled to dividend, and 
shall calculate and set opposite to the name of each cred- 
itor who has proved his claim the dividend to which he is 
entitled out of the net proceeds of the estate set apart for 
dividend, and shall forward by mail to every creditor a 
statement of the dividend to which he is entitled, and 
such creditor shall be paid by the assignee in such manner 
as the court may direct. 

Sec. 28. And be it fnrtJier enacted, That the like pro- 
ceedings shall be had at the expiration of the next three 
months, or earlier, if practicable, and a third meeting of 
creditors shall then be called by the court, and a final div- 
idend then declared, unless any action at law or suit in 
equity be pending, or unless some other estate or effects of 
the debtor afterwards come to the hands of the assignee, 
in which case the assignee shall, as soon as may be, con- 
vert such estate or effects into money, and within two 
months after the same shall be so converted the same 
shall be divided in manner aforesaid.- Further dividends 
shall be made in like manner as often as occasion requires ; 
and after the third meeting of creditors no further meeting 
shall be called, unless ordered by the court. If at any 
time there shall be in the hands of the assignee any out- 



BANKRUPTCY ACT, AS AMENDED 1875. 457 

standing debts or other property, due or belonging to the 
estate, which can not be collected and received by the as- 
signee without unreasonable or inconvenient delay or 
expense, the assignee may, under the direction of the 
court, sell and assign such debts or other property in such 
manner as the court shall order. No dividend already 
declared shall be disturbed by reason of debts being sub- 
sequently proved, but the creditors proving such debts 
shall be entitled to a dividend equal to those already re- 
ceived by the other creditors before any further payment 
is made to the latter. Preparatory to the final dividend, 
the assignee shall submit his account to the court and file 
the same, and give notice to the creditors of such filing, 
and shall also give notice that he will apply for a settle- 
ment of his account, and for a discharge from all liability 
as assignee, at a time to be specified in such notice ; and 
at such time the court shall audit and pass the accounts 
of the assignee, and such assignee shall, if required by the 
court, be examined as to the truth of such account, and 
if found correct he shall thereby be discharged from all 
liability as assignee to any creditor of the bankrupt. The 
court shall thereupon order a dividend of the estate and 
effects, or of such part thereof as it sees fit, among such 
of the creditors as have proved their claims, in proportion 
to the respective amount of their said debts. In addition 
to all expenses necessarily incurred by him in the execu- 
tion of his trust, in any case, the assignee shall be enti- 
tled to an allowance for his services in such case, on all 
moneys received and paid out by him therein, for any 
sum not exceeding one thousand dollars, five per centum 
thereon ; for any larger sum, not exceeding five thousand 
dollars, two and a half per centum on the excess over one 
thousand dollars ; and for any larger sum, one per centum 
on the excess over five thousand dollars ; and if, at any 
time, there shall not be in his hands a sufficient amount 
of money to defray the necessary expenses required for 
the further execution of his trust, he shall not be obliged 
to proceed therein until the necessary funds are advanced 
or satisfactorily secured to him. If, by accident, mistake, 
or other cause, without fault of the assignee, either or 
39 



458 BANKRUPTCY ACT, AS AMENDED 1875. 

both of the said second and third meetings should not be 
held within the times limited, the court may, upon motion 
of an interested party, order such meetings, with like effect 
as to the validity of the proceedings, as if the meeting 
had been duly held. In the order for a dividend, under 
this section, the following claims shall be entitled to pri- 
ority or preference, and to be first paid in full in the fol- 
lowing order : 

First. The fees, costs, and expenses of suits, and the 
several proceedings in bankruptcy under this act, and for 
the custody of property, as herein provided. 

Second. All debts due to the United States, and all 
taxes and assessments under the laws thereof. 

Third. All debts due to the State in which the pro- 
ceedings in bankruptcy are pending, and all taxes and 
assessments made under the laws of such State. 

Fourth. Wages due to any operative, clerk, or house 
servant, to an amount not exceeding fifty dollars for labor 

?)erformed within six months next preceding the first pub- 
ication of the notice of proceedings in bankruptcy. 

Fifth. All debts due to any persons who by the laws of 
the United States, are or may be entitled to a priority or 
preference, in like manner as if this act had not been 
passed: Always provided, That nothing contained in this 
act shall interfere with the assessment and collection of 
taxes by the authority of the United States or any State. 

OF THE BANKRUPT'S DISCHARGE AND ITS EFFECT. 

Sec. 29. And be it further enacted, That at any time 
after the expiration of six months from the adjudication of 
bankruptcy, or if no debts have been proved against the 
bankrupt, or if no assets have come to the hands of the as- 
signee, at any time after the expiration of sixty days, and 
Avithin one year from the adjudication of bankruptcy, the 
bankrupt may apply to the court for a discharge from his 
debts, and the court shall thereupon order notice to be 
given by mail to all creditors who have proved their debts, 
and by publication at least once a week in such newspapers 
as the court shall designate, due regard being had to the 
general circulation of the same in the district, or in that 



BANKRUPTCY ACT, AS AMENDED 1875. 459 

portion of the district in which the bankrupt and his 
creditors shall reside, to appear on a day appointed for that 
purpose, and show cause why a discharge should not be 
granted to the bankrupt. No discharge shall be granted, 
or, if granted, be valid, if the bankrupt has willfully sworn 
falsely in his affidavit annexed to his petition, schedule, or 
inventory, or upon any examination in the course of the 
proceedings in bankruptcy, in relation to any material fact 
concerning his estate or his debts, or to any other material 
fact ; or if he has concealed any part of his estate or effects, 
or any books or writings relating thereto, or if he has been 
guilty of any fraud or negligence in the care, custody, or 
delivery to the assignee of the property belonging to him 
at the time of the presentation of his petition and inventory, 
excepting such property as he is permitted to retain under 
the provisions of this act, or if he has caused, permitted, or 
suffered any loss, waste, or destruction thereof; or if, within 
four months before the commencement of such proceedings, 
he has procured his lands, goods, money, or chattels to be 
attached, sequestered, or seized on execution ; or if, since 
the passage of this act, he has destroyed, mutilated, altered, 
or falsified any of his books, documents, papers, writings, or 
securities, or has made or been privy to the making of any 
false or fraudulent entry in any book of account or other docu- 
ment, with intent to defraud his creditors ; or has removed or 
caused to be removed any part of his property from the dis- 
trict, with intent to defraud his creditors ; or if he has given 
any fraudulent preference contrary to the provisions of this 
act, or made any fraudulent payment, gift, transfer, convey- 
ance, or assignment of any part of his property, or has lost 
any part thereof in gaming, or has admitted a false or ficti- 
tious debt against his estate; or if, having knowledge that 
any person has proved such false or fictitious debt, he has 
not disclosed the same to his assignee within one month 
after such knowledge ; or if, being a merchant or trades- 
man, he has not, subsequently to the passage of this act, 
kept proper books of account ; or if he, or any person in his 
behalf, has procured the assent of any creditor to the dis- 
charge, or influenced the action of any creditor at any stage 
of the proceedings, by any pecuniary consideration or 



460 BANKRUPTCY ACT, AS AMENDED 1875. 

obligation; or if he has, in contemplation of becoming 
bankrupt, made any pledge, payment, transfer, assignment, 
or conveyance of any part of his property, directly or in- 
directly, absolutely or conditionally, for the purpose of pre- 
ferring any creditor or person having a claim against him, 
or who is or may be under liability for him, or for the pur- 
pose of preventing the property from coming into the 
hands of the assignee, or of being distributed under this 
act in satisfaction of his debts ; or if he has been convicted 
of any misdemeanor under this act, or has been guilty of 
any fraud whatever contrary to the true intent of this act ; 
and before any discharge is granted, the bankrupt shall 
take and subscribe an oath to the effect that he has not 
done, suffered, or been privy to any act, matter, or thing 
specified in this act as a ground for withholding such dis- 
charge, or as invalidating such discharge if granted. 

Sec. 30. And be it further enacted, That no person who 
shall have been discharged under this act, and shall after- 
wards become bankrupt, on his own application shall be 
again entitled to a discharge, whose estate is insufficient to 
pay seventy per centum of the debts proved against it, 
unless the assent in writing of three-fourths in value of his 
creditors who have proved their claims is filed at or before 
the time of application for discharge. But a bankrupt 
who shall prove to the satisfaction of the court that he has 
paid all the debts owing by him at the time of any pre- 
vious bankruptcy, or who has been voluntarily released 
therefrom by his creditors, shall be entitled to a discharge 
in the same manner and with the same effect as if he had 
not previously been bankrupt. 

Sec. 31. And be it further enacted, That any creditor 
opposing the discharge of any bankrupt may file a specifica- 
tion in writing of the grounds of his opposition, and the 
court may in its discretion order any question of fact so 
presented to be tried at a stated session of the district 
court. 

Sec. 32. And be it further enacted, That if it shall appear 
to the court that the bankrupt has in all things conformed 
to his duty under this act, and that he is entitled, under 
the provisions thereof, to receive a discharge, the court 



BANKRUPTCY ACT, AS AMENDED 1875. 461 

shall grant him a discharge from all his debts except as 
hereinafter provided, and shall give him a certificate 
thereof under the seal of the court, in substance as fol- 
lows : 
District Court of the United States, District of . 

Whereas, , has been duly adjudged a bankrupt 

under the act of Congress establishing a uniform system of 
bankruptcy throughout the United States, and appears to 
have conformed to all requirements of law in that behalf, 

it is therefore ordered by the court that said , be 

forever discharged from all debts and claims which by said 
act are made provable against his estate, and which existed 

on the day of , on which day the petition 

for adjudication was filed by (or against) him; excepting 
such debts, if any, as are by said act excepted from the 
operation of a discharge in bankruptcy. Given under my 
hand and the seal of the court at , in the said dis- 
trict, this day of , A. D. . 

[Seal.] , Judge. 

Sec. 33. And be it further enacted, That no debt created 
by the fraud or embezzlement of the bankrupt, or by his 
defalcation as a public officer, or while acting in any fidu- 
ciary character, shall be discharged under this act ; but the 
debt may be proved, and the dividend thereon shall be a 
payment on account of said debt ; and no discharge granted 
under this act shall release, discharge, or affect any person 
liable for the same debt for or with the bankrupt, either as 
partner, joint contractor, indorser, surety, or otherwise. 

That in cases of compulsory or involuntary bankruptcy, 
the provisions of said act, and any amendment thereof, or 
of any supplement thereto, requiring the payment of any 
proportion of the debts of the bankrupt, or the assent of 
any portion of his creditors, as a condition of his discharge 
from his debts, shall not apply ; but he may, if otherwise 
entitled thereto, be discharged by the court in the same 
manner and with the same effect as if he had paid such per 
centum of his debts, or as if the required proportion of his 
creditors had assented thereto. And in cases of voluntary 
bankruptcy, no discharge shall be granted to a debtor whose 
assets shall not be equal to thirty per centum of the claims 



462 BANKRUPTCY ACT, AS AMENDED 1875. 

proved against his estate, upon which he shall be liable as 
principal debtor, without the assent of at least one-fourth 
of his creditors in number, and one-third in value. 

Sec. 34. And be it further enacted, That a discharge duly 
granted under this act shall, with the exceptions aforesaid, 
release .the bankrupt from all debts, claims, liabilities, and 
demands which were or might have been proved against 
his estate in bankruptcy, and may be pleaded, by a simple 
averment that on the day of its date such discharge waa 
granted to him, setting the same forth in hsec verba, as a 
full and complete bar to all suits brought on any such 
debts, claims, liabilities, or demands, and the certificate 
shall be conclusive evidence in favor of such bankrupt of 
the fact and the regularity of such discharge : Always pro- 
vided, That any creditor or creditors of said bankrupt, 
whose debt was proved or provable against the estate in 
bankruptcy, who shall see fit to contest the validity of said 
discharge on the ground that it was fraudulently obtained, 
may, at any time within two years after the date thereof, 
apply to the court Avhich granted it to be set aside and 
annul the same. Said application shall be in writing, shall 
specify which, in particular, of the several acts mentioned 
in section twenty-nine it is intended to give evidence of 
against the bankrupt, setting forth the grounds of avoid- 
ance, and no evidence shall be admitted as to any other of 
the said acts; but said application shall be subject to amend- 
ment at the discretion of the court. The court shall cause 
reasonable notice of said application to be given to said 
bankrupt, and order him to appear and answer the same, 
within such time as to the court shall seem fit and proper. 
If, upon the hearing of said parties, the court shall find that 
the fraudulent acts, or any of them, set forth as aforesaid 
by said creditor or creditors against the bankrupt are 
proved, and that said creditor or creditors had no knowl- 
edge of the same until after the granting of said discharge, 
judgment shall be given in favor of said creditor or 
creditors, and the discharge of said bankrupt shall be set 
aside and annuled. But if said court shall find that said 
fraudulent acts, and all of them, set forth as aforesaid, are 
not proved, or that they were known to said creditor or 



BANKRUPTCY ACT, AS AMENDED 1875. 463 

creditors before the granting of said discharge, then judg- 
ment shall be rendered in favor of the bankrupt, and the 
validity of his discharge shall not be affected by said pro- 
ceedings. 

PREFERENCES AND FRAUDULENT CONVEYANCES DE- 
CLARED VOID. 

Sec. 35. And be it further enacted, That if any person, 
being insolvent, or in contemplation of insolvency, within 
two months before the filing of the petition by or against 
him, with a view to give a preference to any creditor or 
person having a claim against him, or who is under any 
liability for him, procures any part of his property to be 
attached, sequestered, or seized on execution, or makes any 
payment, pledge, assignment, transfer, or conveyance of 
any part of his property either directly or indirectly, abso- 
lutely or conditionally, the person receiving such payment, 
pledge, assignment, transfer, or conveyance, or to be bene- 
fited thereby, or by such attachment, having reasonable 
cause to believe such person is insolvent, and knowing that 
such attachment, sequestration, seizure, payment, pledge, 
assignment, or conveyance is made in fraud of the pro- 
visions of this act, the same shall be void, and the assignee 
may recover the property, or the value of it, from the per- 
son so receiving it, or so to be benefited ; and if any person 
being insolvent, or in contemplation of insolvency or bank- 
ruptcy, within three months before the filing of the petition 
by or against him, makes any payment, sale, assignment, 
transfer, conveyance, or other disposition of any part of 
his property to any person who then has reasonable cause 
to believe him to be insolvent, or to be acting in contem- 
plation of insolvency, and knowing that such payment, sale, 
assignment, transfer, or other conveyance, is made with a 
view to prevent his property from coming to his assignee 
in bankruptcy, or to prevent the same from being dis- 
tributed under tnis act, or to defeat the object of, or in any 
way impair, hinder, impede, or delay the operation and 
elfect of, or to evade any of the provisions of this act, the 
sale, assignment, transfer, or conveyance shall be void, and 
the assignee may recover the property, or the value thereof, 



4u4 men ptci v i. ta AMt.-M'Ki) 1875. 

the bankrupt. Ami if such sale, assignment, 
transfer, or conveyance b not made in the usual and 
ordinan course of business, of the debtor, the fact shall be 
prima facie evidence of fraud. Any contract, covenant, or 
security made or given by a bankrupt or other person with, 
or iu trust t">r. auv creditor tor securing the payment of any 
monej aa a consideration tor or with intent to induce the 
creditor to forbear opting the application for discharge 
ot' the bankrupt, shall be void; and it' auv creditor shall 
obtain any sum of money or other goy>ds, chattels, or 
security from an) person aa an inducement for forbearing 
to oppose, or consenting to tuch application for discharge, 

creditor so offending shall forfeit all right to any 
share or dividend in the estate ol' the bankrupt, and shall 
also forfeit double the value or amount oi' such money, 

goods, ehattels, or seeun ained, to be recovered by 

the ass the benefit ol the estate. Nothing iu this 

section shall be construed to invalidate any loan oi actual 

value, or the security therefor made in go<.H.l faith, Upon a 
security taken in good faith on the occasion of the making 
of such lo&u. 

BANKRUPTCY OF PARTNERSHIPS and OF CORPORA- 

nous 

And be it further encwteil. That where two or 
more persona W he are partners in trade shall be adjudged 
bankrupt, either on the petition ol' such partners or any 
one oi them, or on the petition ol auv creditor of the part- 
i warrant shall iasue in the manner provided by this 
act. upon which all the joint stock and property ol the co- 
partnership, and also all the separata estate ol each ot' the 
partners, shall be taken, excepting such parts thereof aa are 
hereinbefore excepted; and all the creditors of the com- 
pany, and the separate creditors oi each partner, shall be 
allowed to prove their res[>eciive debt?; and the assignee 
shall be chosen by the creditors oi' the company, and shall 
leparate accounts oi the joint stock or property 

of the copartnership and ol the separate estate of each 
member thereof; and alter deducting out of the whole 



UANKitll'i' V A' T, AH AMENDED I". 486 

amount received by Rich assignee 1 1 * « - whole of th<- <•■•. p n eg 
and disbursement*, the net proa dfofthejoii ball 

\)>- appropriated to pay 1 1 * * - creditor! of the copartnership, 
and tii<- net proceedi of the eparate estate of each partner 
shall be appropriated to j»a%- bit separate creditors; and if 
there shall be any balance of the separate estate of any 
partner, after the payment of hi-> separate debts, men 
balance shall be added to the joint stock for the payment 
of the joint creditors; and if there ihall be an) balance of 
the j« > i 1 1 l stock after payment of the joint debts, such 
balance shall be divided and appropriated to and am 
the separate estates of the several partners, accordinj 
their respective right and interest therein, ;uj<1 at it would 
have been ii' the partnership had been dissolved without 
any bankruptcy; and the sum so appropriated to the 
separate estate of each partner -hull h<- applied to the pay- 
ment of nil separate debt* ; and the certificate of dischi 
shall be granted or refused to each partner ime 

would or ought to be if the proceedings bad been sgi 
him alone under this act; and in all otnei the pro- 

ceedings against partners shall \>>-. conducted in th<- like 
manner ax if they lia<l been commenced and prosecuted 
against one person alone, If such copai le in dif- 

ferent districts, tliat court in which the petition i- first 6 
hliall retain exclusive jurisdiction over th<- i 

8b . ■'•! . And be h further matted, That the provisioni of 
this set shall apply to all moneyed, business, or commercial 
eorporationfl and |oint-stock companies, and that upon the 
petition of any officer of any such corporation or company, 
duly authorized by a vote or a majority of the corporators 
present at any legal meeting called lor the purpose, or 
upon the petition of any creditor or creditors of such 

(>orution or company, made and presented in tin; manner 
lereinafter provided in respect to debtors, the like procei d- 
ingi -hall be had and taken as are hereinafter provided in 
the case of debtors ; and all the provisions of thus act which 
apply to the debtor, or set forth bis duties in regard to 
furnishing schedules and inventory iting pap 

submitting to examinations, disclosing, making 
ing, concealing, conveying, assigning, or paying away his 



466 BANKRUPTCY ACT, AS AMENDED 1875. 

money or property, shall in like manner, and with like 
force, effect, and penalties, apply to each and every officer 
of such corporation or company in relation to the same 
matters concerning the corporation or company, and the 
money and property thereof. All payments, conveyances, 
and assignments declared fraudulent and void by this act 
when made by a debtor, shall in like manner, and to the 
like extent, and with like remedies, be fraudulent and void 
when made by a corporation or company. No allowance 
or discharge shall be granted to any corporation. or joint- 
stock company, or to any person or officer or member 
thereof: Provided, That whenever any corporation by pro- 
ceedings under this act shall be declared bankrupt, all its 
property and assets shall be distributed to the creditors of 
such corporation in the manner provided in this act in 
respect to natural persons. 

OF DATES AND DEPOSITIONS. 

Sec. 38. And be it further enacted, That the filing of a 
petition for adjudication in bankruptcy, either by a debtor 
in his own behalf, or by any creditor against a debtor, upon 
which an order may be issued by the court, or by a register 
in the manner provided in section four, shall be deemed 
and taken to be the commencement of proceedings in bank- 
ruptcy under this act ; the proceedings in all cases in 
bankruptcy shall be deemed matters of record, but the 
same shall not be required to be recorded at large, but 
shall be carefully filed, kept, and numbered in the office of 
the clerk of the court, and a docket only, or short mem- 
orandum thereof, kept in books to be provided for that pur- 
pose, which shall be open to public inspection. Copies of 
such records, duly certified under the seal of the court, 
shall in all cases be prima facie evidence of the facts therein 
stated. Evidence or examinations in any of the proceed- 
ings under this act may be taken before the court, or a 
register in bankruptcy, viva voce, or in writing, before a 
commissioner of the circuit court, or by affidavit, or on 
commission, and the court may direct a reference to a 
register in bankruptcy, or other suitable person, to take 



BANKRUPTCY ACT, AS AMENDED 1875. 467 

and certify such examination, and may compel the attend- 
ance of witnesses, the production of books and papers, and 
the giving of testimony, in the same manner as in suits in 
equity in the circuit court. 

INVOLUNTARY BANKRUPTCY. 

Sec. 39. And be it fwtJier enacted, That any person 
residing, and owing debts, as aforesaid, who, after the pas- 
sage of this act, shall depart from the State, District, or 
Territory of which he is an inhabitant, with intent to 
defraud his creditors; or, being absent, shall, with such 
intent, remain absent; or shall conceal himself to avoid the 
service of legal process in any action for the recovery of a 
debt or demand provable under this act ; or shall conceal 
or remove any of his property to avoid its being attached, 
taken, or sequestered on legal process ; or shall make any 
assignment, gift, sale, conveyance, or transfer of his estate, 
properity, rights, or credits, either within the United 
States or elsewhere, with intent to delay, defraud, or 
hinder his creditors ; or who has been arrested and held in 
custody under or by virtue of mesne process or execution, 
issued out of any court of the United States or of any 
State, District, or Territory within which such debtor 
resides or has property, founded upon a demand in its 
nature provable against a bankrupt's estate under this act, 
and for a sum exceeding one hundred dollars, and such 
process is remaining in force and not discharged by pay- 
ment, or in any other manner provided by the law of the 
United States or of such State, District, or Territory, 
applicable thereto, for a period of twenty days, or has been 
actually imprisoned for more than twenty days in a civil 
action founded on contract for the sum of one hundred 
dollars or upward ; or who, being bankrupt or insolvent, or 
in contemplation of bankruptcy or insolvency, shall make 
any payment, gift, grant, sale, conveyance, or transfer of 
money or other property, estate, rights, or credits, or 
confess judgment, or give any warrant to confess judg- 
ment, or procure his property to be taken on legal pro- 
cess, with intent to give a preference to one or more of 



468 BANKRUPTCY ACT, AS AMENDED 1875. 

his creditors, or to any person or persons who are or may 
be liable for him as indorsers, bail, sureties, or otherwise, 
or with tbe intent, by such disposition of his property, to 
defeat or delay the operation of this act ; or who, being a 
bank, banker, broker, merchant, trader, manufacturer, or 
miner, has fraudulently stopped payment, or who being a 
bank, banker, broker, merchant, trader, manufacturer, or 
miner, has stopped or suspended and not resumed payment, 
within a period of forty days, of his commercial paper 
(made or passed in the course of his business as such), or 
who, being a bank or banker, shall fail for forty days to 
pay any depositor upon demand of payment lawfully made, 
shall be deemed to have committed an act of bankruptcy, 
and, subject to the conditions hereinafter prescribed, shall 
be adjudged a bankrupt on the petition of one or more of 
his creditors, who shall constitute one-fourth thereof, at 
least, in number, and the aggregate of whose debts prova- 
ble under this act amounts to at least one-third of the debts 
so provable: Provided: That such petition is brought within 
six months after such act of bankruptcy shall have been 
committed. And the provisions of this section shall apply 
to all cases of compulsory or involuntary bankruptcy com- 
menced since the first day of December, eighteen hundred 
and seventy -three, as well as to those commenced hereafter. 
And in all cases commenced since the first day of Decem- 
ber, eighteen hundred and seventy-three, and prior to the 
passage of this act, as well as those commenced hereafter, 
the court shall, if such allegation as to the number or 
amount of petitioning creditors be denied by the debtor, 
by a statement in writing to that effect, require him to file 
in court forthwith a full list of his creditors, with their 
places of residence and the sums due them respectively, 
and shall ascertain, upon reasonable notice to the creditors, 
whether one-fourth in number and one-third in amount 
thereof, as aforesaid, have petitioned that the debtor be 
adjudged a bankrupt. But if such debtor shall, on the 
filing of the petition, admit in writing that the requisite 
number and amount of creditors have petitioned, the court 
(if satisfied that the admission was made in good faith,) 
shall so adjudge, which judgment shall be final, and the 



BANKRUPTCY ACT, AS AMENDED 1875. 469 

matter. proceed without further steps on that subject. And 
if it shall appear that such number and amount have not 
so petitioned, the court shall grant reasonable time, not 
exceeding, in cases heretofore commenced, twenty days, 
and, in cases hereafter commenced, ten days, within which 
other creditors may join in such petition. And if, at the 
expiration of such time so limited, the number and amount 
shall comply with the requirements of this section, the 
matter of bankruptcy may proceed ; but if, at the expira- 
tion of such limited time, such number and amount shall 
not answer the requirements of this section, the proceed- 
ings shall be dismissed, and, in cases hereafter commenced, 
with costs. And if such person shall be adjudged a bank- 
rupt, the assignee may recover back the money or property 
so paid, conveyed, sold, assigned, or transferred contrary to 
this act : Provided, That the person receiving such payment 
or conveyance had reasonable cause to believe that the 
debtor was insolvent, and knew that a fraud on this act 
was intended ; and such person, if a creditor, shall not, in 
cases of actual fraud on his part, be allowed to prove for 
more than a moiety of his debt; and this limitation on the 
proof of debts shall apply to cases of voluntary as well as 
involuntary bankruptcy. And the petition of creditors 
under this section may be sufficiently verified by the oaths 
of the first five signers thereof, if so many there be. And 
if any of said first five signers shall not reside in the district 
in which such petition is to be filed, the same may be 
signed and verified by the oath or oaths of the attorney or 
attorneys, agent or agents, of such signers. And in com- 
puting the number of creditors, as aforesaid, who shall join 
in such petition, creditors whose respective debts do not 
exceed two hundred and fifty dollars shall not be reckoned. 
But if there be no creditors whose debts exceed said sum 
of two hundred and fifty dollars, or if the requisite number 
of creditors holding debts exceeding two hundred and fifty 
dollars fail to sign the petition, the creditors having debts 
of a less amount shall be reckoned for the purposes afore- 
said. 

Sec. 40. And be it further enacted, That upon the filing 
of the petition authorized by the next preceding section, 



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BA>"KRCTTCY ACT, A.S AMENDED 1875. 471 

cient in number and amount shall sign such petition so as 
to make a total of one-fourth in number of the creditors 
and one-third in the amount of the provable debts against 
the bankrupt, as provided in said section, the court shall 
so adjudge, which judgment shall be final; otherwise it 
shall dismiss the proceedings, and, in cases hereafter com- 
menced, with costs. 

Sec. 41. And be it further enacted, That on such return 
day or adjourned day, if the notice has been duly served 
or published, or shall be waived by the appearance and 
C'>n-ent of the debtor, the court shall proceed summarilv 
to hear the allegations of the petitioner and debtor, and 
may adjourn the proceedings from time to time, on good 
cause shown, and shall, if the debtor on the same day so de- 
mand in writing, order a trial by jury at the first term of 
the court at which a jury shall be in attendance, to ascer- 
tain the facts of such alleged bankruptcy. Or, at the 
election of the debtor, the court may, in its discretion, 
award a venire facias to the marshal of the district, re- 
turnable within ten days before him for the trial of. the 
facts set forth in the petition, at which time the trial shall 
be had, unless adjourned for cause. And unless, upon 
such hearing or trial, it shall appear to the satisfaction of 
said court, or of the jury, as the case may be, that the facts 
set forth in said petition are true, or if it shall appear 
that the debtor has paid and satisfied all liens upon his 
property, in case the existence of such leins was the sole 
ground of the proceeding, the proceeding shall be dis- 
missed, and the respondent shall recover costs; and all 
proceedings in bankruptcy may be discontinued on rea- 
sonable notice and hearing, with the approval of the court, 
and upon the absent, in writing, of such debtor, and not 
less than one half of his creditors in number and amount ; 
or, in case all the creditors and such debtor absent thereto, 
such discontinuance shall be ordered and entered ; and all 
parties shall be remitted, in either case, to the same rights 
and duties existing at the date of the filing of the petition 
for bankruptcy, except so far as' such estate shall have been 
already administered and disposed of. And the court shall 



472 BANKRUPTCY ACT, AS AMENDED 1875. 

have power to make all needful orders and decrees to carry 
the foregoing provision into effect. 

Sec. 42. And be it further enacted, That if the facts set 
forth in the petition are found to be true, or if default be 
made by the debtor to appear pursuant to the order, upon 
due proof of service thereof being made, the court shall ad- 
judge the debtor to be a bankrupt, and, as such, subject to 
the provisions of this act, and shall forthwith issue a war- 
rant to take possession of the estate of the debtor. The 
warrant shall be directed, and the property of the debtor 
shall be taken thereon, and shall be assigned and distri- 
buted in the same manner and with similar proceedings to 
those hereinbefore provided for the taking possession, as- 
signment, and distribution of the property of the debtor 
upon his own petition. The order of adjudication of bank- 
ruptcy shall require the bankrupt forthwith, or within such 
number of days, not exceeding five after the date of the 
order or notice thereof, as shall by the order be prescribed, 
to make and deliver, and transmit by mail, post paid, to 
the messenger, a schedule of the creditors and an inventory 
and valuation of his estate in the form and verified in the 
manner required of a petitioning debtor by section thirteen. 
If the debtor has failed to appear in person, or by attor- 
ney, a certified copy of the adjudication shall be forthwith 
served on him by delivery or publication in the manner 
hereinbefore provided for the service of the order to show 
cause ; and if the bankrupt is absent or cannot be found, 
such schedule and inventory shall be prepared by the 
messenger and the assignee from the best information they 
can obtain. If the petitioning creditor shall not appear 
and proceed on the return day, or adjourned day, the court 
may, upon the petition of any other creditor, to the re- 
quired amount, proceed to adjudicate on such petition, with- 
out requiring a new service or publication of notice to the 
debtor. 

OF SUPERSEDING THE BANKRUPT PROCEEDINGS 
BY ARRANGEMENT. 

Sec. 43. And be it further enacted, That if at the first 
meeting of creditors, or at any meeting of creditor to be 



BANKRUPTCY ACT, AS AMENDED 1875. 473 

specially called for that purpose, and of which previous 
notice shall have been given for such length of time and 
in such manner as the court may direct, three-fourths in 
value of the creditors whose claims have been proved shall 
determine and resolve that it is for the interest of the gen- 
eral body of the creditors that the estate of the bankrupt 
should be wound up and settled, and distribution made 
among the creditors by trustees, under the inspection and 
direction of a committee of the creditors, it shall be lawful 
for the creditors to certify and report such resolution to the 
court, and to nominate one or more trustees to take and 
hold and distribute the estate, under the direction of such 
committee. If it shall appear to the court, after hearing 
the bankrupt and such creditors as may desire to be heard, 
that the resolution was duly passed and that the interests 
of the creditors will be promoted thei-eby, it shall confirm 
the same ; and upon the execution and filing by or on be- 
half of three-fourths in value of all the creditors whose 
claims have been proved of a consent that the estate of the 
bankrupt be wound up and settled by said trustees accord- 
ing to the terms of such resolution, the bankrupt, or his 
assignee in bankruptcy, if appointed, as the case may be, 
shall, under the direction of the court, and under oath, 
convey, transfer, and deliver all the property and estate of 
the bankrupt to the said trustee or trustees, who shall, 
upon such conveyance and transfer, have and hold the 
same in the same manner, and with the same powers and 
rights, in all respects, as tl\,e bankrupt would have had or 
held the same if no proceedings in bankruptcy had been 
taken, or as the assignee hi bankruptcy would have done 
had such resolution not been passed ; and such consent and 
the proceedings thereunder shall be as binding in all re- 
spects on any creditor whose debt is proveable, who has 
not signed the same, as if he had signed it, and on any 
creditor, whose debt, if proveable, is not proved, as if he 
had proved it; and the court, by order, shall direct all acts 
and things needful to be done to carry into effect such res- 
olution of the creditors, and the said trustees shall proceed 
to wind up and settle the estate under the direction and in- 
spection of such committee of the creditors, for the equal 
40 



474 BANKRUPTCY ACT, AS AMENDED 1875. 

benefit of all such creditors, and the winding up and set- 
tlement of any estate under the provisions of this section 
shall be deemed to be proceedings in bankruptcy under 
this act ; and the said trustees shall have all the rights and 
powers of assignees in bankruptcy. The court, on the ap- 
plication of such trustees, shall have power to summon and 
examine, on oath or otherwise, the bankrupt, and any cred- 
itor, and any person indebted to the estate, or known or 
suspected of having any of the estate in his possession, or 
any other person whose examination may be material or 
necessary to aid the trustees in the execution of their trust, 
and to compel the attendance of such persons and the pro- 
duction of books and papers in the same manner as in 
other proceedings in bankruptcy under this act; and the 
bankrupt shall have the like right to apply for and obtain 
a discharge after the passage of such resolution and the 
appointment of such trustees as if such resolution had not 
been passed, and as if all the proceedings had continued in 
the manner provided in the preceding sections of this act. 
If the resolution shall not be duly reported, or the consent 
of the creditors shall not be duly filed, or if, upon its fil- 
ing, the court shall not think fit to approve thereof, the 
bankruptcy shall proceed as though no resolution had been 
passed, and the court may make all necessary orders for re- 
suming the proceedings. And the period of time which 
shall have elapsed between the date of the resolution and 
the date of the order for resuming proceedings shall not be 
reckoned in calculating periods of time prescribed by this 
act. 

COMPOSITION WITH CREDITORS. 

That in all cases of bankruptcy now pending, or to be 
hereafter pending, by or against any person, whether 
an adjudication in bankruptcy shall have been had 
or not, the creditors of such alleged bankrupt may, at a 
meeting called under the direction of the court, and upon 
not less than ten days' notice to each known creditor of 
the time, place, and purpose of such meeting, such notice 
to be personal or otherwise, as the court may direct, resolve 
that a composition proposed by the debtor shall be accepted 



BANKRUPTCY ACT, AS AMENDED 1875. 475 

in satisfaction of the debts due to them from the debtor. 
And such resolution shall, to be operative, have been 
passed by a majority in number and three-fourths in value 
of the creditors of the debtor assembled at such meeting 
either in person or by proxy, and shall be confirmed by the 
signatures thereto of the debtor and two-thirds in number 
and one-half in value of all the creditors of the debtor. 
And in calculating a majority for the purposes of a com- 
position under this section, creditors whose debts amount 
to sums not exceeding fifty dollars shall be reckoned in the 
majority in value, but not in the majority in number; and 
the value of the debts of secured creditors above the 
amount of such security, to be determined by the court, 
shall, as nearly as circumstances admit, be estimated in the 
same way. And creditors whose debts are fully secured 
shall not be entitled to vote upon or to sign such resolution 
without first relinquishing such security for the benefit of 
the estate. 

The debtor, unless prevented by sickness or other cause 
satisfactory to such meeting, shall be present at the same, 
and shall answer any inquiries made of him; and he, or, 
if he is so prevented from being at such meeting, some one 
in his behalf, shall produce to the meeting a statement 
showing the whole of his assets and debts, and the names 
and addresses of the creditors to whom such debts respec- 
tively are due. 

Such resolution, together with the statement of the 
debtor as to his assets and debts, shall be presented to the 
court ; and the court shall, upon notice to all the creditors 
of the debtor of not less than five days, and upon hearing, 
inquire whether such resolution has been passed in the 
manner directed by this section ; and if satisfied that it has 
been so passed, it shall, subject to the provisions hereinafter 
contained, and upon being satisfied that the same is for the 
best interest of all concerned, cause such resolution to be 
recorded and statement of assets and debts to be filed ; and 
until such record and filing shall have taken place, such 
resolution shall be of no validity. And any creditor of the 
debtor may inspect such record and statement at all reason- 
able times. 



47<i BANKRUPTCY ACT, AS AMENDED 1875. 

The creditors may, by resolution passed in the manner 
and under the circumstances aforesaid, add to, or vary the 
provisions of, any composition previously accepted by them, 
without prejudice to any persons taking interests under such 
provisions who do not assent to such addition or variation. 
And any such additional resolution shall be presented to 
the court in the same manner and proceeded with in the 
same way and with the same consequences as the resolution 
by which the composition was accepted in the first instance. 
The provisions of a composition accepted by such resolution 
in pursuance of this section shall be binding on all the 
creditors whose names and addresses and the amounts of 
the debts due to whom are shown in the statement of the 
debtor produced at the meeting at which the resolution 
shall have been passed, but shall not affect or prejudice the 
rights of any other creditors. 

Where a debt arises on a bill of exchange or promissory 
note, if the debtor shall be ignorant of the holder of any 
such bill of exchange or promissory note, he shall be re- 
quired to state the amount of such bill or note, the date on 
which it falls due, the name of the acceptor and of the 
person to whom it is payable, and any other particulars 
within his knowledge respecting the same ; and the inser- 
tions of such particulars shall be deemed a sufficient des- 
cription by the debtor in respect to such debt. 

Any mistake made inadvertently by a debtor in the 
statement of his debts may be corrected upon reasonable 
notice, and with the consent of a general meeting of his 
creditors. 

Every such composition shall, subject to priorities de- 
clared in said act, provide for a pro-rata payment or satis- 
faction, in money, to the creditors of such debtor in pro- 
portion to the amount of their unsecured debts, or their 
debts in respect to which any such security shall have 
been duly surrendered and given up. 

The provisions of any composition made in pursuance of 
this section may be enforced by the court, on motion made 
in a summary manner by any person interested, and on 
reasonable notice; and any disobedience of the order of 
the court made on such motion shall be deemed to be a 



BANKRUPTCY ACT, AS AMENDED 1875. 477 

contempt of court. Eules and regulations of court may- 
be made in relation to proceedings of composition herein 
provided for in the same manner and to the same extent 
as now provided by law in relation to proceedings in bank- 
ruptcy. 

If it shall at any time appear to the court, on notice, 
satisfactory evidence, and hearing, that a composition un- 
der this section can not, in consequence of legal difficul- 
ties, or for any sufficient cause, proceed without injustice 
or undue delay to the creditors or to the debtor, the court 
may refuse to accept and confirm such composition, or may 
set the same aside ; and, in either case, the debtor shall be 
proceeded with as a bankrupt in conformity with the pr> 
visions of law, and proceedings may be had accordingly; 
and the time during which such composition shall have 
been in force shall not, in such case, be computed in cal- 
culating periods of time prescribed by said act. 

PENALTIES AGAINST BANKRUPTS. 

Sec. 44. And be it further enacted, That from and after 
the passage of this act, if any debtor or bankrupt shall, 
after the commencement of proceedings in bankruptcy, 
secrete or conceal any property belonging to his estate, or 
part with, conceal, or destroy, alter, mutilate, or falsify, or 
cause to be concealed, destroyed, altered, mutilated, or 
falsified, any book, deed, document, or writing relating 
thereto, or remove, or cause to be removed, the same or 
any part thereof, out of the district, or otherwise dispose 
of any part thereof, with intent to prevent it from coming 
into the possession of the assignee in bankruptcy, or to 
hinder, impede, or delay either of them in recovering or 
receiving the same, or make any payment, gift, sale, assign- 
ment, transfer, or conveyance of any property belonging 
to his estate with the like intent, or spends any part there- 
of in gaming ; or shall, with intent to defraud, wilfully 
and fraudulently conceal from his assignee or omit from 
his schedule any property or effects whatsoever; or if, in 
case of any person having, to his knowledge or belief, 
proved a false or fictitious debt against his estate, he shall 



478 BANKRUPTCY ACT, AS AMENDED 1875. 

fail to disclose the same to his assignee within one month 
after coming to the knowledge or belief thereof, or shall 
attempt to account for any of his property by fictitious 
losses or expenses; or shall, within three months before 
the commencement of proceedings in bankruptcy, under 
the false color and pretence of carrying on business and 
dealing in the ordinary course of trade, obtain on credit 
from any person any goods or chattels with intent to de- 
fraud ; or shall, with intent to defraud his creditors, with- 
in. three months next before the commencement of proceed- 
ings in bankruptcy, pawn, pledge, or dispose of, otherwise 
than by bona tide transactions in the ordinary way of his 
trade, any of his goods or chattels which have been obtained 
oa credit and remain unpaid for, he shall be deemed guilty 
of a misdemeanor, and upon conviction thereof in any 
court of the United States, shall be punished by imprison- 
ment, with or without hard labor, for a term not exceed- 
ing three years. 

PENALTIES AGAINST OFFICERS. 

Sec. 45. And be it further enacted, That if any judge, 
register, clerk, marshal, messenger, assignee, or any other 
officer of the several courts of bankruptcy, shall, for any 
thing done or pretended to be done under this act, or under 
color of doing any thing thereunder, wilfully demand or 
take, or appoint or allow any person whatever to take for 
him or on his account, or for or on account of any other 
person, or in trust for him or for any other person, any fee, 
emolument, gratuity, sum of money, or any thing of value 
whatever, other than is allowed by this act, or which shall 
be allowed under the authority thereof, such person, when 
convicted thereof, shall forfeit and pay the sum of not less 
than three hundred dollars, and not exceeding five hun- 
dred dollars, and be imprisoned not exceeding three years. 

Sec. 46. And be it further enacted, That if any person 
shall forge the signature of a judge, register, or other offi- 
cer of the court, or shall forge or counterfeit the seal of 
the court, or knowingly concur in using any such forged or 
counterfeit signature or seal, for the purpose of authenti- 



BANKRUPTCY ACT, AS AMENDED 1875. 479 

eating any proceeding or document, or shall tender in evi- 
dence any such proceeding or document with a false or 
counterfeit signature of any such judge, register, or other 
officer, or a false or counterfeit seal of the court, subscribed 
or attached thereto, knowing such signature or seal to be 
false or counterfeit, any such person shall be guilty of felony, 
and upon conviction thereof shall be liable to a fine of not 
less than five hundred dollars, and not more than five thou- 
sand dollars, and to be imprisoned not exceeding five years, 
at the discretion of the court. 

FEES AND COSTS. 

Sec. 47. And be it furtlier enacted, That in each case there 
shall be allowed and paid, in addition to the fees of the 
clerk of the court as now established by law, or as may be 
established by general order, under the provisions of this 
act, for fees in bankruptcy, the following fees, which shall 
be applied to the payment for the services of the registers : 

For issuing every warrant, two dollars. 

For each day in which a meeting is held, three dollars. 

For each order for a dividend, three dollars. 

For every order substituting an arrangement by trust 
deed for bankruptcy, two dollars. 

For every bond with sureties, two dollars. 

For every application for any meeting in any matter 
under this act, one dollar. 

For every day's service while actually employed under a 
special order of the court, a sum not exceeding five dollars, 
to be allowed by the court. 

For taking depositions, the fees now allowed by law. 

For every discharge when there is no opposition, two 
dollars. 

Such fees shall have priority of payment over all other 
claims out of the estate, and before a warrant issues the 
petitioner shall deposit with the senior register of the court, 
or with the clerk, to be delivered to the register, fifty dol- 
lars as security for the payment thereof; and if there are 
not sufficient assets for the payment of the fees, the person 
upon whose petition the warrant is issued shall pay the 



480 BANKRUPTCY ACT, AS AMENDED 1875. 

same, and the court may issue an execution against him 
to compel payment to the register. 

Before any dividend is ordered the assignee shall pay 
out of the estate to the messenger the following fees, and 
no more: 

First. For service of warrant, two dollars. 

Second. For all necessary travel, at the rate of five cents 
a mile, each way. 

Third. For each written note to creditor named in the 
schedule, ten cents. 

Fourth. For custody of property, publication of notices, 
and other services, his actual and necessary expenses upon 
returning the same in specific items, and making oath that 
they have been actually incurred and paid by him, and are 
just and reasonable, the same to be taxed or adjusted by 
the court, and the oath of the messenger shall not be con- 
clusive as to the necessity of said expenses. 

For cause shown, and upon hearing thereon, such further 
allowance may be made as the court, in its discretion, may 
determine. 

Tl>e enumeration of the foregoing fees shall not prevent 
the judges, who shall frame general rules and orders in 
accordance with the provisions of section ten, from pre- 
scribing a tariff of fees for all other services of the officers 
of courts of bankruptcy, or from reducing the fees pre- 
scribed in this section in classes of cases to be named in 
their rules and orders. 

Sec. 48. And be it further enacted, That the word "as- 
signee" and the word "creditor" shall include the plural 
also; and the word "messenger" shall include his assistant 
or assistants, except in the provision for the fees of that 
officer. The word " marshal" shall include the marshal's 
deputies, the word "person" shall also include "corpora- 
tion," and the word "oath" shall include "affirmation." 
And in all cases in which any particular number of days 
is prescribed by this act, or shall be mentioned in any rule 
or order of court or general order which shall at any time 
be made under this act, for the doing of any act, or for any 
other purpose, the same shall be reckoned, in the absence of 
any expression to the contrary, exclusive of the first and 



BANKRUPTCY ACT, AS AMENDED 1875. 481 

inclusive of the last day, unless the last day shall fall on a 
Sunday, Christmas day, or on any day appointed by the 
Presdent of the United States as a day of public fast or 
thanksgiving, or on the Fourth of July, in which case the 
time shall be reckoned exclusive of that day also. 

Sec. 49. And be it further enacted, That all the jurisdic- 
tion, power, and authority conferred upon and vested in 
the district court of the United States by this act in cases 
in bankruptcy are hereby conferred upon and vested in 
the supreme court of the District of Columbia, and in and 
upon the district courts of the several Territories of the 
United States, subject to the general superintendence and 
jurisdiction conferred upon circuit courts by section two of 
said act, when the bankrupt resides in the said District of 
Columbia or in either of the said Territories. And in 
those judicial districts which are not within any organized 
circuit of the United States the power and jurisdiction of 
a circuit court in bankruptcy may be exercised by the dis- 
trict judge. 

Sec. 50. And be it furher enacted, That this act shall com- 
mence and take effect as to the appointment of the officers 
created hereby, and the promulgation of rules and general 
orders, from and after the date of its approval : Provided, 
That no petition or other proceeding under this act shall 
be filed, received, or comnenced before the first day of 
June, anno Domini eighteen hundred and sixty-seven. 

That from and after the passage of this act the fees, 
commissions, charges, and allowances, excepting actual and 
necessary disbursements, of, and to be made by the officers, 
agents, marshals, messengers, assignees, and registers in 
cases of bankruptcy, shall be reduced to one half of the 
fees, commissions, charges, and allowances heretofore pro- 
vided for or made in like cases : Provided, That the pre- 
ceding provision shall be and remain in force until the 
justices of the Supreme Court of the United States shall 
make and promulgate new rules and regulations in respect 
to the matters aforesaid, under the powers conferred upon 
them by sections ten and forty-seven of said act, and no 
longer, which duties they shall perform as soon as may be. 
And said justices shall have power under said sections, by 
41 



482 BANKRUPTCY ACT, AS AMENDED 1875. 

general regulations, to simplify and, so far as in their judg- 
ment will conduce to the benefit of creditors, to consolid- 
ate the duties of the register, assignee, marshal, and clerk, 
and to reduce fees, costs, and charges, to the end that pro- 
lixity, delay, and unnecessary expenses may be avoided. 
And no register or clerk of court, or any partner or clerk 
of such register or clerk of court, or any person having 
any interest with either in any fees or emoluments in 
bankruptcy, or with whom such register or clerk of court 
shall have any interest in respect to any matter in bank- 
ruptcy, shall be of council, solicitor, or attorney, either in 
or out of court, in any suit or matter pending in bank- 
ruptcy in either the circuit or district court of his district, 
or in an appeal therefrom. Nor shall they, or either of 
them, be executor, administrator, guardian, commissioner, 
appraiser, divider, or assignee of or upon any estate within 
the jurisdiction of either of said courts of bankruptcy; 
nor be interested, directly or indirectly, in the fees or 
emoluments arising from either of said trusts. 

That it shall be the duty of the' marshal of each dis- 
trict, in the month of July of each year, to report to the 
clerk of the district court of such district, in a tabular 
form, to be prescribed by the justices of the Supreme Court 
of the United States, as well as such other or further in- 
formation as may be required by said justices. 

First, The number of cases in bankruptcy in which the 
warrant prescribed in section eleven of said act has come to 
his hands during the year ending June thirtieth, preceding; 

Secondly, how many such warrants were returned, with 
the fees, costs, expenses, and emoluments thereof, respect- 
ively and separately; 

Thirdly, the total amount of all other fees costs, expenses, 
and emoluments, respectively and separately, earned or 
received by him during such year from or in respect of 
anv matter in bankruptcy; 

Fourthly, a summarized statement of such fees, costs, 
and emoluments, exclusive of actual disburementa in bank- 
ruptcy receiv. d or earned for such year; 

Fifthly, a summarized statement of all actual disburse- 
ments in such cases for such year. 



BANKRUPTCY ACT, AS AMENDED 1875. 483 

And in like manner, every register shall, in the same 
month and for the same year, make a report to such 
clerk of — 

First,. the number of voluntary cases in bankruptcy com- 
ing before him during said year ; 

►Secondly, the amount of assets and liabilities, as nearly 
as may be, of the bankrupts ; 

Thirdly, the amount and rate per centum of all dividends 
declared ; 

Fourthly, the disposition of all such cases ; 
Fifthly, the number of compulsory cases in bankruptcy 
coming before him, in the same way ; 

Sixthly, the amount of assets and liabilities, as nearly as 
may be, of such bankrupt ; 

Seventhly, the disposition of all such cases ; 
Eighthly, the amounts and rate per centum of all divi- 
dends declared in such cases ; 

Ninthly, the total amount of fees, charges, costs, and 
emoluments of every sort, received or earned by such 
register during said year in each class of cases above 
stated. 

And in like manner, every assignee shall, during said 
month, make like return to such clerk of — 

First, the number of voluntary and compulsory cases, 
respectively and separately, in his charge during said year. 
Secondly, the amount of assets and liabilities therein, 
respectively and separately; 

Thirdly, the total receipts and disbursements therein, 
respectively and separately ; 

Fourthly, the amount of dividends paid or declared, and 
the rate per centum thereof, in each class, respectively and 
separately ; 

Fifthly, the total amount of all his fees, charges, and 
emoluments, of every kind therein, earned or received; 

Sixthly, the total amount of expenses incurred by him 
for legal proceedings and counsel fees; 

Seventhly, the disposition of the cases respectively ; 
Eightly, a summarized statement of both classes as afore- 
said. 

And in like manner, the clerk of said court, in the month 



484 BANKRUPTCY ACT, AS AMENDED 1875. 

of August in each year, shall make up a statement for such 
year, ending June thirtieth, of — 

First, all cases in bankruptcy pending at the beginning 
of the said year ; 

Secondly, all of such cases disposed of; 

Thirdly, all dividends declared therein ; 

Fourthly, the number of reports made from each assignee 
therein; 

Fifthly, the disposition of all such cases ; 

Sixthly, the number of assignees' accounts filed and 
settled ; 

Seventhly, whether any marshal, register, or assignee 
has failed to make and file with such clerk the reports by 
this act required, and, if any have failed to make such 
reports, their respective names and residences. 

And such clerk shall report in respect of all cases begun 
during said year. 

And he shall make a classified statement, in tabular 
form, of all his fees, charges, costs, and emoluments, respect- 
ively, earned or accrued during said year, giving each head 
under which the same accrued, and also the sum of all 
moneys paid into and disbursed out of court in bankruptcy, 
and the balance in hand or on deposit. 

And all the statements and reports herein required shall 
be under oath, and signed by the persons respectively mak- 
ing the same. 

And said clerk shall, in the said month of August, trans- 
mit every such statement and report so filed with him, 
together with his own statement and report aforesaid, to 
the Attorney-General of the United States. 

Any person who shall violate the provisions of this 
section shall, on motion made, under the direction of the 
Attorney-General, be by the district court dismissed from 
his office, and shall be deemed guilty of a misdemeanor, 
and, on conviction thereof, be punished by a fine of not 
more than five hundred dollars, or by imprisonment not 
exceeding one year. 

That in addition to the officers now authorized to take 
proof of debts against the estate of a bankrupt, notaries 
public are hereby authorized to take such proof, in the 



BANKRUPTCY ACT, AS AMENDED 1875. 485 

manner and under the regulations provided by law; such 
proof to be certified by the notary and attested by his 
signature and official seal. 

That all acts and parts of acts inconsistent with the pre- 
visions of this act be, and same are hereby, repealed. 



RESUMPTION OF SPECIE PAYMENT. 



An Act to provide for the resumption of specie payments. 

Be it enacted by iJie Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
Secretary of the Treasury is hereby authorized and re- 
quired, as rapidly as practicable, to cause to be coined at 
the mints of the United States, silver coins of the denom- 
inations of ten, twenty-five, and fifty cents, of standard 
value, and to issue them in redemption of an equal number 
and amount of fractional currency of similar denomina- 
tions, or, at his discretion, he may issue such silver coins 
through the mints, the sub-treasuries, public depositaries, 
and post-offices of the United States; and, upon such issue, 
he is hereby authorized and required to redeem an equal 
amount of such fractional currency, until the whole 
amount of such fractional currency outstanding shall be 
redeemed. 

Sec. 2. That so much of section three thousand five 
hundred and twenty-four of the Revised Statutes of the 
United States as provides for a charge of one-fifth of one 
per centum for converting standard gold bullion into coin 
is hereby repealed, and hereafter no charge shall be made 
for that service. 

Sec. 3. That section five thousand one hundred and 
seventy-seven of the Revised Statutes of the United States, 
limiting the aggregate amount of circulating-notes of na- 
tional banking-associations, be, and is hereby repealed ; 
and each existing banking-association may increase its cir- 
culating-notes in accordance with existing law without re- 
spect to said aggregate limit; and new banking-associations 
may be organized in accordance with existing law without 
respect to said aggregate limit; and the provisions of law 
for the withdrawal and redistribution of national-bank 
430 



ACT PROVIDING FOR SPECIE PAYMENTS. 487 

currency among the several States and Territories are 
hereby repealed. And whenever, or so often, as circu- 
lating-notes shall be issued to any such banking-association, 
so increasing its capital or circulating notes, or so newly 
organized as aforesaid, it shall be the duty of the Secretary 
of the Treasury to redeem the legal-tender United States 
notes in excess only of three hundred million of dollars, to 
the amount of eighty per centum of the sum of national- 
bank notes so issued to any such banking-association as 
aforesaid, and to continue such redemption as such circu- 
lating-notes are issued until there shall be outstanding the 
sum of three hundred million dollars of such legal-tender 
United States notes, and no more. And on and after the 
first day of January, Anno Domini eighteen hundred and 
seventy-nine, the Secretary of the Treasury shall redeem, 
in coin, the United States legal-tender notes then out- 
standing on their presentation for redemption, at the office 
of the assistant treasurer of the United States in the city 
of New York, in sums of not less than fifty dollars. And 
to enable the Secretary of the Treasury to prepare and 
provide for the redemption in this act authorized or re- 
quired, he is authorized to use any surplus revenues, from 
time to time, in the Treasury not otherwise appropriated, 
and to issue, sell, and dispose of, at not less than par, in 
coin, either of the descriptions of bonds of the United 
States described in the act of Congress approved July 
fourteenth, eighteen hundred and seventy, entitled, " An 
act to authorize the funding of the national debt," with 
like qualities, privileges, and exemptions, to the extent 
necessary to carry this act into full effect, and to use the 
proceeds thereof for the purposes aforesaid. And all pro- 
visions of law inconsistent with the provisions of frhis act 
are hereby repealed. 

Approved, January 14, 1875. 



GENEVA AND SAN JUAN AWARDS. 



THE GENEVA AWARD, SEPT. 14, 1872. 



Decision and award made by the tribunal of arbitration consti- 
tuted by virtue of the first article of the treaty concluded at 
Washington, the 8th of May, 1871, between the United 
States and Great Britain. 

The United States of America and Her Britannic Majesty 
having agreed, by article 1 of the treaty concluded and signed 
at Washington, the 8th of May, 1871, to refer all the claims, 
"generically known as the Alabama claims," to a tribunal of 
arbitration, to be composed of five arbitrators, named; one by 
the President of the United States, one by Her Britannic Majesty, 
one by His Majesty the King of Italy, one by the President of 
the Swiss Confederation, one by His Majesty the Emperor of 
Brazil. — And the President of the United States, Her Britannic 
Majesty, His Majesty the King of Italy, the President of the 
Swiss Confederation, and His Majesty the Emperor of Brazil 
having respectively named their arbitrators, to-wit: The Presi- 
dent of the United States, Charles Francis Adams, Esq.; Her 
Britannic Majesty, Sir Alexander James Edmund Cockburn, 
baronet, a member of Her Majesty's privy council, lord chief 
justice of England; His Majesty the King of Italy, His Excel- 
lency Count Frederick Sclopis, of Salerano, a knight of the 
Order of the Annunciata, minister of state, senator of the King- 
dom of Italy; the President of the Swiss Confederation, M. 
James Stiimpfli ; His Majesty the Emperor of Brazil, His Excel- 
lency Marcos Antonio dAraujo, Viscount d Itajuba, a grandee 
of the Empire of Brazil, member of the council of His Majesty 
the Emperor of Brazil, and his envoy extraordinary and minister 
plenipotentiary in France. — And the five arbitrators above named 
having assembled at Geneva (in Switzerland), in one of the 
chambers of the Hotel de Ville, on the 15th of December, 1871, 
in conformity with the terms of the second article of the Treaty 
of Washington, of the 8th of May of that year, and having pro- 
488 



GENEVA AND SAN JUAN AWARDS. 489 

ceeded to the inspection and verification of their respective 
powers, which were found duly authenticated, the tribunal of 
arbitration was declared duly organized. 

The agents named by each of the high contracting parties, by 
virtue of the same article II, to-wit: For the United States of 
America, John C. Bancroft Davis, Esq. ; and for Her Britannic 
Majesty, Charles Stuart Aubrey, Lord Tenterden, a peer of the 
United Kingdom, companion of the Most Honorable Order of 
the Bath, assistant under secretary of state of foreign affairs, 
whose powers were found likewise duly authenticated. — then 
delivered to each of the arbitrators the printed case prepared by 
each of the two parties, accompanied by the documents, the 
official correspondence, and other evidence on which each relied, 
in conformity with the terms of the third article of the said 
treaty. 

In virtue of the decision made by the tribunal at its first 
session, the counter case and additional documents, correspond- 
ence, and evidence referred to in article IV of the said treaty 
were delivered by the respective agents of the two parties to the 
secretary of the tribunal on the 15th of April, 1872, at the cham- 
ber of conference, at the Hotel de Ville of Geneva. 

The tribunal, in accordance with the vote of adjournment 
passed at their second session, held on the 16th of December, 
1871, reassembled at Geneva on the 15th of June, 1872, and the 
agent of each of the parties duly delivered to each of the arbitra- 
tors, and to the agent of the other party, the printed argument 
referred to in article V of the said treaty. 

The tribunal having since fully taken into their consideration 
the treaty, and also the cases, counter cases, documents, evi- 
dence, and arguments, and likewise all other communications 
made to them by the two parties during the progress of their 
sittings, and having impartially and carefully examined the 
same, has arrived at the decision embodied in the present 
award. 

Whereas, having regard to the sixth and seventh articles of the 
Baid treaty, the arbitrators are bound, under the terms of the 
said sixth article, " in deciding the matters submitted to them, to 
be governed by the three rules therein specified, and by such 
principles of international law, not inconsistent therewith, a9 the 
arbitrators shall determine to have been applicable to the case;"' 

And whereas the "due diligence" referred to in the first and 
third of the said rules ought to be exercised by neutral Govern- 
ments in exact proportion to the risks to which either of the bel- 
ligerents may be exposed, from a failure to fulfill the obligations 
of neutrality on their part ; 

And whereas the circumstances out of which the facts consti- 



490 GENEVA AND SAN JUAN AWARDS. 

tuting the subject matter of the present controversy arose, were 
of a nature to call for the exercise on the part of Her Britannic 
Majesty's Government of all possible solicitude for the observ- 
ance of the rights and the duties involved in the proclamation of 
neutrality issued by Her Majesty on the loth day of May, 1861 ; 

And whereas the effects of a violation of neutrality committed 
by means of the construction, equipment, and armament of a 
vessel are not done away with by any commission which the 
Government of the belligerent power, benefited by the violation 
of neutrality, may afterward have granted to that vessel; and the 
ultimate step, by which the offense is completed, can not be 
admissible as a ground for the absolution of the offender, nor can 
the consummation of the fraud become the means of establishing 
his innocence; 

And whereas the privilege of exterritoriality accorded to ves-' 
sels of war has been admitted into the law of nations, not as an 
absolute right, but solely as a proceeding founded on the prin- 
ciple of courtesy and mutual deference between different nations, 
and therefore can never be appealed to for the protection of acts 
done in violation of neutrality; 

And whereas the absence of a previous notice can not be re- 
garded as a failure in any consideration required by the law of 
nations, in those cases in which a vessel carries with it its own 
condemnation; 

And whereas in order to impart to any supplies of coal a 
character inconsistent with the second rule, prohibiting the use 
of neutral ports or waters as a base of naval operations for a 
belligerent, it is necessary that the said supplies should be con- 
nected with special circumstances of time, of persons, or of 
place, which may combine to give them such character; 

And whereas, with respect to the vessel called the 'Alabama," 
it clearly results from all the facts relative to the construction of 
the ship at first designated by the number "290" in the port of 
Liverpool, and its equipment and armament in the vicinity of 
Terceira, through the agency of the vessels called the " Agrippi- 
na" and the "Bahama," dispatched from Great Britain to that 
end, that the British Government failed to use due diligence in 
the performance of its neutral obligations ; and especially that it 
omitted, notwithstanding the warnings and official representa- 
tions made by the diplomatic agents of the United States during 
the construction of the said number "290," to take in due time 
any effective measures of prevention, and that those orders which 
it did give at last, for the detention of the vessel, were issued so 
late that their execution was not practicable; 

And whereas, after the escape of that vessel, the measures 
taken for its pursuit and arrest were so imperfect as to lead to 



GENEVA AND SAN JEAN AWARDS. 491 

no result, and therefore can not be considered sufficient to 
release Great Britain from the responsibility already incurred; 

And whereas, in despite of the violations of the neutrality of 
Great Britain committed by the "290," this same vessel, later 
known as the Confederate cruiser Alabama, was on several occa- 
sions freely admitted into the ports of colonies of Great Britain, 
instead of 'being proceeded against as it ought to have been in 
any and every port within British jurisdiction in which it might 
have been found ; 

And whereas the Government of Her Britannic Majesty can 
not justify itself for a failure in due diligence on the plea of in- 
sufficiency of the legal means of action which it possessed. 

Four of the arbitrators, for the reasons above assigned, and 
the fifth for reasons separately assigned by him, are of opinion 
that Great Britain has in this case failed, by omission, to fulfill 
the duties prescribed in the first and the third of the rules estab- 
lished by the sixth article of the treaty of Washington. 

And whereas, with respect to the vessel called the " Florida," 
it results from all the facts relative to the construction of the 
"Oreto" in the port of Liverpool, and to its issue therefrom, 
which facts failed to induce the authorities in Great Britain to 
resort to measures: adequate to prevent the violation of the neu- 
trality of that nation, notwithstanding the warnings and repeated 
representations of the agents of the United States, that Her Ma- 
jesty's Government has failed to use due diligence to fulfill the 
duties of neutrality ; 

And whereas it likewise results from all the facts relative to 
the stay of the Oreto at Nassau, to her issue from that port, to 
her enlistment of men, to her supplies, and to her armament, 
with the co-operation of the British vessel ''Prince Alfred," at 
Green Bay, that there was negligence on the part of the British 
colonial authorities; 

And whereas, notwithstanding the violation of the neutrality 
of Great Britain committed by the Oreto, this same vessel, later 
known as the Confederate cruiser "Florida," was, nevertheless, 
on several occasions, freely admitted into the ports of British 
colonies ; 

And whereas the judicial acquittal of the Oreto at Nassau can 
not relieve Great Britain from the responsibility incurred by her 
under the principles of international law; nor can the fact of 
the entry of the Florida into the Confederate port of Mobile, and 
of its stay there during four months, extinguish the responsibility 
previously to that time incurred by Great Britain. 

For these reasons, the tribunal, by a majority of four voices to 
one, is of opinion, that Gi-eat Britain has in this case failed, by 
omission, to fulfill the duties prescribed in the first, in the 



492 GENEVA AND SAN JUAN AWARDS. 

second, and in the third of the rules established by article VI of 
the treaty of Washington. 

And whereas, with respect to the vessel called the " Shenan- 
doah," it results from all the facts relative to the departure from 
London of the merchant vessel the "Sea King," and to the trans- 
formation of that ship into a Confederate cruiser under the name 
of the "Shenandoah," near the island of Madeira, that the Gov- 
ernment of Her Britannic Majesty is not chargeable with any 
failure, down to that date, in the use of due diligence to fulfill 
the duties of neutrality ; 

But whereas it results from the facts connected with the stay 
of the Shenandoah at Melbourne, and especially with the aug- 
mentation which the British Government itself admits to have 
been clandestinely effected of her force, by the enlistment of 
men within that port, that there was negligence on the part of 
the authorities at that place ; 

For these reasons, the tribunal is unanimously of opinion, that 
Great Britain has not failed, by any act or omission, "to fulfill 
any of the duties prescribed by the three rules of article VI in 
the treaty of Washington, or by the principles of international 
law not inconsistent therewith," in respect to the vessel called 
the Shenandoah, during the period of time anterior to her entry 
into the port of Melbourne ; 

And, by a majority of three to two voices, the tribunal decides 
that Great Britain has failed, by omission, to fulfill the duties 
prescribed by the second and third of the rules aforesaid, in the 
case of this same vessel, from and after her entry into Hob- 
son's Bay, and is therefore responsible for all acts committed by 
that vessel after her departure from Melbourne, on the 18th day 
of February, 1865. 

And so far as relates to the vessels called the "Tuscaloosa" 
(tender to the Alabama), the "Clarence," the "Tacony," and the 
"Archer" (tenders to the Florida), the tribunal is unanimously 
of opinion, that such tenders or auxiliary vessels, being properly 
regarded as accessories, must necessarily follow the lot of their 
principals, and be submitted to the same decision which applies 
to them respectively. 

And so far as relates to the vessel called "Retribution," tho 
tribunal, by a majority of three to two voices, is of opinion, that 
Great Britain has not failed, by any act or omission, to fulfill any 
of the duties prescribed by the three rules of article VI in the 
treaty of Washington, or by the principles of international law 
not inconsistent therewith. 

And so far as relates to the vessels called the "Georgia," the 
"Sumter," the "Nashville," the "Tallahassee," and the "Chicka- 
mauga," respectively, the tribunal is unanimously of opinion, 



GENEVA AND SAN JUAN AWAKDS. 493 

that Great Britain has not failed, by any act or omission, to 
fulfill any of the duties prescribed by the three rules of article 
VI in the treaty of Washington, or by the principles of inter- 
national law not inconsistent therewith. 

And so far as relates to the vessels called the "Sallie," the 
"Jefferson Davis," the "Music," the "Boston," and the "V. H. 
Joy," respectively, the tribunal is unanimously of opinion, that 
they ought to be excluded from consideration for want of evi- 
dence. 

And whereas, so far as relates to the particulars of the indem- 
nity claimed by the United States, the costs of pursuit of the 
Confederate cruisers are not, in the judgment of the tribunal, 
properly distinguishable from the general expenses of the war 
carried on by the United States. The tribunal is, therefore, of 
opinion, by a majority of three to two voices, that there is no 
ground for awarding to the United States any sum by way of 
indemnity under this head. 

And whereas prospective earnings can not properly be made 
the subject of compensation, inasmuch as they depend in their 
nature upon future and uncertain contingencies, the tribunal is 
unanimously of opinion that there is no ground for awarding to 
the United States any sum by way of indemnity under this 
head. 

And whereas, in order to arrive at an equitable compensation 
for the damages which have been sustained, it is necessary to set 
aside all double claims for the same losses, and all claims for 
"gross freights," so far as they exceed "net freights;" 

And whereas it is just and reasonable to allow interest at a 
reasonable rate ; 

And whereas, in accordance with the spirit and letter of the 
treaty of Washington, it is preferable to adopt the form of adju- 
dication of a sum in gross, rather than to refer the subject of 
compensation for further discussion and deliberation to a board 
of assessors, as provided by article X of the said treaty. 

The tribunal, making use of the authority conferred upon it 
by article VII of the said treaty, by a majority of four voices to 
one, awards to the United States a sum of $15,500,000 in gold, as 
the indemnity to be paid by Great Britain to the United States, 
for the satisfaction of all the claims referred to the consideration 
of the tribunal, conformably to the provisions contained in article 
VII of the aforesaid treaty. 

And, in accordance with the terms of article XI of the said 
treaty, the tribunal declares that " all the claims referred to in 
the treaty as submitted to the tribunal are hereby fully, per- 
fectly, and finally settled." 

Furthermore it declares, that " each and every one of the said 



494 GENEVA AND SAN JUAN AWARDS. 

claims, whether the same may or may not have heen presented 
to the notice of, or made, preferred, or laid before the tribunal, 
shall henceforth be considered and treated as finally settled, 
barred, and inadmissible." 

In testimony whereof this present decision and award has 
been made in duplicate, and signed by the arbitrators who have 
given their assent thereto, the whole being in exact conformity 
with the provisions of article VII of the said treaty of Wash- 
ington. 

Made and concluded at the Hotel de Ville of Geneva, in Swit- 
zerland, the 14th day of the month of September, in the year of 
our Lord one thousand eight hundred and seventy-two. 

Charles Francis Adams. 
Frederick Sclopis. 
Stampfli. 

V'lCOMPTE d'ItAJUBA. 



Under the act approved June 23, 1874, creating a " Court of 
Commissioners of Alabama Claims," for the distribution of the 
award, its jurisdiction is thus defined in sections 11 and 12: 

Sec 11. That it shall be the duty of said court to receive and 
examine all claims admissible under this act that mny be pre- 
sented to it, directly resulting from damage caused by the so-called 
insurgent cruisers "Alabama," "Florida," and their tenders, 
and also all claims admissible under this act directly resulting 
from damage caused by the so-called insurgent cruiser "Shenan- 
doah" after her departure from Melbourne on the eighteenth day 
of February, eighteen hundred and sixty-five, and to decide upon 
the amount and validity of such claims, in conformity with the 
provisions hereinafter contained, and according to the principles 
of law and the merits of the several cases. All claims shall be 
verified by oath of the claimant, and filed in said court within 
six months next after the organization thereof, as provided in 
section eight of this act; and no claim shall be received, docket- 
ed, or considered that shall have not been so filed within the 
time aforesaid ; but every such unrepresented claim shall be 
deemed and held to be finally and conclusively waived and 
barred. 

Sec. 12. That no claim shall be admissible or allowed by said 
court for any loss or damage for or in respect to which the party 
injured, his assignees or legal representative, shall have received 
compensation or indemnity from any insurance company, in- 
surer or otherwise; but if such compensation or indemnity so 
received shall not have been equal to the loss or damage so actu- 
ally suffered, allowance may be made for the difference. And in 
no case shall any claim be admitted or allowed for or in respect 



GENEVA AND SAN JUAN AWARDS. 495 

to unearned freights, gross freights, prospective profits, freights, 
gains, or advantages, or for Wages of officers or seamen for a 
longer time than one year next after the breaking up of a voyage 
by the acts aforesaid. And no claim shall be admissible or 
allowed by said court by or in behalf of any insurance company 
or insurer, either in its or his own right, or as assignee, or 
otherwise, in the right of a person or party insured as aforesaid, 
unless such claimant shall show, to the satisfaction of said court, 
that during the late rebellion the sum of its or his losses, in 
respect to its or his war risks, exceeded the sum of its or his 
premiums or other gains upon or in respect to such war risks; 
and in case of any such allowance, the same shall not be greater 
than such excess of loss. And no claim shall be admissible or 
allowed by said court arising in favor of any insurance company 
not lawfully existing at the time of the loss under the laws of 
some one of the United States. And no claim shall be admis- 
sible or allowed by said court arising in favor of any person not 
entitled at the time of his loss to the protection of the United 
States in the premises, nor arising in favor of any person who 
did not at all times during the late rebellion bear true allegiance 
to the United States. 

Provision is made for retaining in the Treasury, as a special 
fund, subject to future action, the amount which may be undis- 
posed of under this act. And if the sum of all the judgments 
rendered by the court, together with interest, should exceed the 
amount of the award, provision is made for ratable reductions of 
the judgment claims. 



THE SAN JUAN BOUNDARY AWARD. 

"We, William, by the grace of God, German Emperor, King of 
Prussia, etc., etc , etc., 

After examination of the treaty concluded at Washington on 
the 6th of May, 1871, between the governments of Her Britannic 
Majesty and of the United States of America, according to which 
the said governments have submitted to our arbitrament the 
question at issue between them, whether the boundary line 
which, according to the treaty of Washington of June 15, 1846, 
after being carried westward along the forty-ninth parallel of 
northern latitude to the middle of the channel which separates 
the continent from Vancouver's Island is thence to be drawn 
southerly through the middle of the said channel and of the 
Fuca Straits to the Pacific Ocean, should be drawn through the 
Rosario Channel, as the Government of Her Britannic Majesty 



496 GENEVA AND SAN JUAN AWARDS. 

claims, or through the Haro Channel, as the Government of the 
United States claims; to the end that we may finally and without 
appeal decide which of these claims is most in accordance with 
the true interpretation of the treaty of June 15, 1846. 

After hearing the report made to us by the experts and jurists 
upon the contents of the interchanged memorials and their 
appendices, — 

Have decreed the following award : 

Most in accordance with the true interpretations of the treaty 
concluded on the 15th of June, 1846, between the governments 
of Her Britannic Majesty and of the United States of America, 
is the claim of the Government of the United States that the 
boundary line between the territories of Her Britannic Majesty 
and the United States should be drawn through the Haro 
Channel. 

Authenticated by our autographic signature and the impres- 
sion of the imperial green seal. 

Given at Berlin, October the 21st, 1872. 

[l. s] William. 



POLAND'S GAG LAW. 



An Act conferring jurisdiction upon the criminal court of the 
District of Columbia, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
criminal court of the District of Columbia shall have jurisdiction 
of all crimes and misdemeanors committed in said District not 
lawfully triable in any other court, and which are required by 
law to be prosecuted by indictment or information. 

Sec. 2. That the provisions of the thirty-third section of the 
judiciary act of seventeen hundred and eighty-nine shall apply 
to courts created by act of Congress in the District of Columbia. 

Approved, June 22, 1874. 



CIVIL RIGHTS BILL OF 1875. 



Section 1. That all the persons within the jurisdiction of the 
United States shall be entitled to the full and equal enjoyment 
of the accommodations, advantages, facilities, and privileges of 
insurances, public conveyances on land and water, theatres, and 
other places of public amusement, subject only to the conditions 
and limitations established by law, and applicable alike to the 
citizens of every race and color, regardless of any previous con- 
dition of servitude. 

Sec. 2. That any person who shall violate the foregoing section 
by denying to any citizen, except for reasons by law applicable 
to the citizens of every race and color, and regardless of any 
previous condition of servitude, the full enjoyment of any of the 
accommodations, advantages, facilities, or privileges in said sec- 
tion enumerated, or by aiding or inciting, shall for every such 
offense forfeit and pay the sum of five hundred dollars to the 
person aggrieved thereby, to be recovered in an action of debt, 
with full costs, and shall also, for every such offense, be deemed 
guilty of a misdemeanor, and upon conviction thereof be fined 
not less than five hundred nor more than one thousand dol- 
lars, or shall be imprisoned not less than thirty days nor more 
than one year; provided that all persons may elect to sue for 
the penalty aforesaid, or to proceed under their rights at com- 
mon law and by State statutes, and having so elected to proceed 
in the one mode or the other: their right to proceed in the 
other jurisdiction shall be barred; but this proviso shall not 
apply to criminal proceedings either under this act or the crimi- 
nal law of any State : and provided further that the judgment for 
the penalty in favor of the party aggrieved, or a judgment upon 
an indictment, shall be a bar to either prosecution respectively. 

Sec. 3. That the District and Circuit Courts of the United 
States shall have, exclusively of the courts of the several States, 
cognizance of all the crimes and offenses against and violations 
of the provisions of this act, and actions for the penalty given by 
the preceding section, may be prosecuted in a Territorial district 
or circuit court of the United States wherever the dependent 
may be found, without regard to the other party ; and the district 

42 497 



498 



CIVIL EIGHTS BILL. 



attorneys, marshals, and deputy marshals of the United States, 
and commissioners appointed by the circuit and territorial 
courts of the United States, with powers of arresting and impris- 
oning or bailing offenders against the law of the United States, 
are hereby especially authorized and required to institute pro- 
ceedings against every person who shall violate the provisions of 
this act, and cause him to be arrested and imprisoned, or bailed, 
as the case may be, for trial before such eourt of the United 
States or Territorial court as by law has cognizance of the 
offense, except in respect of the right of action accruing to the 
person aggrieved, and such district attorney shall cause such 
proceedings to be prosecuted to their termination, as in other 
cases, provided nothing contained in this section shall be con- 
strued to deny or defeat any right of civil action accruing to any 
person, whether by reason of this act or otherwise; and any dis- 
trict attorney who shall willfully fail to institute and prosecute 
the proceedings herein referred to shall for every offense forfeit 
and pay the sum of five hundred dollars to the party aggrieved 
thereby, to be recovered by an action of debt, with costs, and 
shall on conviction thereof be deemed guilty of a misdemeanor, 
and be fined not less than one thousand nor more than five thou- 
sand dollars; and provided further that a judgment for the 
penalty in favor of the party aggrieved against any such district 
attorney, or a judgment ujion an indictment against any such 
district attorney, shall be a bar to either prosecution respec- 
tively. 

Sec. 4. That no citizen, possessing all other qualifications 
which are or may be prescribed by law, shall be disqualified for. 
the service of a grand or petit juror in any court of the United 
States, or of any State, on account of race, color, or previous 
condition of servitude ; and any officer or other person charged 
with any duty of the selection or summoning of jurors, who shall 
exclude or fail to summon any citizen for the cause aforesaid, 
shall, on conviction thereof, be deemed guilty of a misdemeanor 
and be fined not more than five thousand dollars. 

Sec. 5. That all cases arising under the provisions of this act 
in the courts of the United States shall be reviewable by the 
Supreme Court of the United States, without regard to the sum 
in controversy, under the same provisions and regulations as are 
now provided by law for review of other causes in said court. 



PARLIAMENTARY RULES 

FOR THE GOVERNMENT OF PUBLIC ASSEMBLIES. 



A knowledge of the rules which regulate the formation and 
order of business in public assemblies, is essential to every 
well informed citizen. Every citizen is obliged, at some time, 
to take part in the primary assemblies of the people. These 
are constantly held, not merely for political purposes, but for 
those of business — commercial, literary, benevolent, or relig- 
ious. In addition to these primary assemblies, there are vari- 
ous and numerous organized associations, with some one or 
more of Avhich almost every citizen is connected. The rules 
for the transaction of business in the assemblies, or associations, 
are substantially the same in all of them, the most important of 
which are substantially as follows: 

ORGANIZATION. 

1. In regularly organized bodies, such as Congress, the State 
Legislature, religious, political, or other associations, the consti- 
tution under which they act usually designates the title of their 
presiding officer, defines his duties, and provides for the mode 
of his appointment. 

2. When a primary assembly of the people, or of any part of 
them, is called together for any purpose, the first thing to be 
done is to choose a presiding officer, usually designated as chair- 
man. 

3. At the proper time some one rises, and moves that A. B. 
be appointed chairman of the meeting. When this is seconded 
the person making the motion puts the question, and if it be 
carried, A. B. takes the chair as presiding officer. 

4. Regularly every public assembly should have a secretary, 
who is chosen in such manner as the body may direct. 

5. The assembly may appoint such other officers as is deemed 
expedient ; and on important occasions there are usually ap- 
pointed several vice-presidents and additional secretaries. 

499 



500 



PARLIAMENTARY RULES. 



6. In deliberate bodies composed of delegates, it is usual to 
effect a primary organization as above; then appoint a commit- 
tee on "permanent organization," who nominate permanent 
officers for the assembly ; and a committee on " credentials," 
who prepare a list of those entitled to take part in the proceed- 
ings. 

7. Immediately before or after (usually after) the permanent 
organization there is appointed committees on order of business, 
resolutions, address, and such others as the case may require. 

DUTIES OF OFFICERS. 

8. The presiding officer opens each sitting of the body by 
taking the chair and calling the members to order ; he an- 
nounces the business in order ; receives all communications, 
messages, motions, and propositions ; puts to vote all questions 
coming before the body for their decision ; and enforces the 
rules of order. He may read sitting, but should rise to state a 
motion or put a question. 

9. The secretartj keeps a record of the proceedings of the 
body ; reads all papers as ordered ; calls the roll of members, 
and records their vote during a call for the ayes and nays; no- 
tifies committees of their appointment, and the business referred 
to them ; and takes charge of all papers and documents belong- 
ing to the assembly. 

10. The vice-president takes the chair in the absence of the 
presiding officer, or when he leaves the chair to take part in the 
proceedings of the meeting. 

11. When other officers are chosen their duties are set forth 
in the resolution appointing them, or in the by-laws of the asso- 
ciation. 

ORDER. 

12. In all assemblies any member may at any time rise to a 
point of order. He must distinctly state his question or objec- 
tion, which the presiding officer will decide. 

13. Any member dissatisfied with the ruling of the chair may 
appeal to the assembly; and the presiding officer may call upon 
the house to sustain him in preserving order. The decision of 
the meeting is final. 

14. Every member must treat every other member with re- 
spect and decorum ; and especially must he acknowledge the 
dignity of the body at large, and of the officers thereof. 

15. The chairman of an .assembly can not regularly speak to 
any thing but a point of order, or a question of fact. 

16. In general the chairman has his own vote no more, but 
in primary meetings he is usually entitled to the casting vote, 



PARLIAMENTARY RULES. 501 

17. If two persons rise to speak together, the chairman de- 
termines which sH«ll have precedence; it may, however, be re- 
ferred to the house. 

18. A person speaking can not regularly mention another 
member of the assembly by name. He must describe him as 
" the gentleman Avho has just sat down," " the gentleman on the 
other side of the question," etc. 

19. When a person rises to speak, he must address the pre- 
siding officer, who should call him by name, that the assembly 
may know who he is. 

20. The person speaking should confine himself to the ques- 
tion under debate, and avoid personality. If he transgress the 
rules of order, he may be called to order by the presiding officer, 
or any member. 

21. No one should be interrupted while speaking, except he 
be out of order, or to ask, or to make an explanation. 

22. A speaker may allow others to ask questions or make ex- 
planations ; but if he yield the floor, he can not claim it again 
as his right. 

ORDER OF BUSINESS. 

23. All business should be presented by a motion — and in 
writing, if so required— the motion to be made by one member 
and seconded by another. 

24. A question is not to be discussed until it is moved, sec- 
onded, and distinctly stated by the presiding officer. 

25. A question before the meeting can not be withdrawn, ex- 
cept by unanimous consent. 

26. A motion should contain but one distinct proposition, or 
question. If it contains more than one, it may be divided at 
the request of any member, and the questions acted on separ- 
ately. 

27. A motion before the meeting must be put to vote, unless 
withdrawn, laid on the table, or postponed. 

28. A motion lost should not be renewed at the same meet- 
ing, unless under circumstances of peculiar necessity. 

29. While a motion is under debate, no other motion can be 
allowed, except 

THE PRIVILEGED QUESTIONS. 

1. To adjourn. 

2. To lay on the table. 

3. For the previous question. 

4. To postpone to a day certain. 

5. To commit or amend. 



502 PARLIAMENTARY RULES 

6. To postpone indefinitely. 
Which several motions shall have precedence in the order in 
which they are arranged ; and no motion to postpone to a day 
certain, to commit, or to postpone indefinitely, being decided, 
Bhall be again allowed on the same day, and of the same stage 
of the proposition. 

30. Motions to adjourn, to lay on the table, for the previous 
question, to commit, and to indefinitely postpone, are not de- 
batable. But when they are modified by some condition of time, 
place, or purpose, they become debatable, and subject to the 
rules of other motions. 

31. A motion to adjourn is always in order, except while the 
body is engaged in voting, on another question, or while a mem- 
ber is speaking. 

32. A body may adjourn to specified time. But if no time is 
mentioned, then it is understood to be adjourned to the time of 
its next meeting; or if it have no other fixed time for meeting, 
then an adjournment without date is equivalent to a dissolution. 

33. If a meeting votes to adjourn at a specified hour, no vote 
is requisite when that hour arrives. The chair simply an- 
nounces that the meeting stands adjourned. 

34. By adjournment the condition of things is not changed ; 
and when the body meet again, every thing is renewed at the 
point where it was left. 

35. Immediate and decisive action, on any question, may be 
deferred by a vote to lay the resolution pending on the table, 
whence it can be ordered up when it suits the convenience of 
the assembly. 

36. When an}' question is before the house, any member may 
move the jireviovs question, which is: "Shall the main question 
be now put." If it pass, then the main question is to be put 
immediately, without debate or amendment; but if lost, then the 
main question is not put, and the discussion goes on. 

37. A postponement to a day certain, is used when a propo- 
sition is made which it is proper to act on — but information is 
wanted, or something more pressing claims present attention. 

38. An indefinite postponement is considered equivalent to a 
final dismissal of the question. 

39. The meeting may decide to take up some particular busi- 
ness at a special time. That business becomes the order of the 
da;/, and when the hour specified arrives the chair announces 
the order of the day and other business is suspended. 

40. Questions relating to the rights and privileges of the meet- 
ing, and of its members, are of primary importance, and for the 
time take precedence of all other business, and supersede ail 
other motions, except that of adjournment. 



PARLIAMENTARY RULES. 503 

41. When a question has been decided it is in order for any 
member who voted with the majority to move at the same or 
next succeeding sitting of the body for a reconsideration thereof. 
A question reconsidered is placed again before the body for 
action. 

COMMITTEES. 

42. All committees shall be appointed by the presiding officer, 
unless otherwise directed. If voted for by the body it requires 
a majority (in the absence of any other rule) of all the votes 
cast to elect. 

43. The first one named in the appointment of a committee 
is, by courtesy, considered the chairman ; but the committee 
have the right to appoint their own chairman. 

44. Any subject in debate, or matter of business, may be re- 
ferred to a committee, with or without instructions ; the com- 
mittee to report the result of their investigation to the meeting. 

45 The report of a committee is accepted by a vote, which 
simply acknowledges the service of the committee, and places 
their report before the meeting for its action. Afterwards, any 
distinct proposition or recommendation contained in the report 
is separately acted on, and may be adopted or rejected. 

46. A majority of a committee constitutes a quorum for busi- 
ness, who may meet where they please, but they can not act ex- 
cept when together ; and nothing can be the report of the com- 
mittee except what is agreed upon in committee. 

AMENDMENTS. 

47. Amendments may be made to motions by omitting, add- 
ing, or substituting, words or sentences, and amendments to 
amendments, are in order. 

48. The amendment should be discussed and voted on first, 
and then the original resolution, as amended. 

49. No amendment should be made, which essentially changes 
the nature or design of the original resolution. 

50. But a substitute may be offered for any motion or amend- 
ment under debate, which may or may not change the design of 
the motion. 

51. It is in order to move an amendment to strike out certain 
words and insert others; this being rejected, it is in order to 
move to strike out, and insert a different set of words ; this be- 
ing rejected, it is in order to move to strike out the same words, 
and insert nothing ; because each of these is a distinct proposi- 
tion differing from the others. But it must be recollected, that 
it is not in order, if the motion to strike out and insert A. is 



504 PARLIAMENTARY RULES. 

carried, to move an amendment to sir ike out A. and insert B. 
To avoid this dilemma, the mover of B. must give notice, pend- 
ing the motion to insert A., that he intends to move the inser- 
tion of B., in which case he will gain the votes of all who pre- 
fer the amendment B. to the amendment A., in opposition to A. 
But, after A. is inserted, it is in order to move an amendment by 
striking out the whole or part of the original paragraph, in- 
cluding A. ; for this ia essentially a different proposition from 
that to strike out A. merely. 

QUORUM. 

52. In every constitutionally organized body there must be 
some number fixed which are sufficient to do business. This 
number is called a quorum, and is usually designated in the 
constitution under which the body acts. Sometimes a quorum 
consists of a definite number of members ; sometimes of two- 
thirds of all the members ; but usually, as in congress, of a ma- 
jority of the members. 

53. When a quorum is necessary to do business, in general, 
the chair should not be taken by the presiding officer till that 
quorum is present. And whenever, in the progress of business, 
it is observed that a quorum is not present, any member may 
call for a count of the house ; and a quorum being found want- 
ing, business must be suspended. . 

54. In primary assemblies of the people there is, of course, 
no number requisite to constitute a quorum, and it frequently 
happens that a very small number of persons act for a large 
community. 

MISCELLANEOUS. 

55. The question is first put on the affirmative, and then on 
the negative side ; till which, it is not a full question ; but in the 
cases of small matters, such as receiving reports, petitions, read- 
ing papers, etc., the presiding officer may presume consent un- 
less some objection be formally made ; which saves the time of 
taking votes on matters of mere routine. 

56. In putting a question the presiding officer declares 
whether the yeas or nays have it by the sound if he be himself 
satisfied; if he be not satisfied, or if any member express dissat- 
isfaction, the body is divided, usually by rising. The ayes first 
rise, and are counted standing in their places, by the chair or 
by tellers, as the case may be, then they sit; and the noes rise, 
and are counted in the same manner. 

57. If the result be a tie (unless the chair give the casting vote, 
or if his vote make the tie) the motion is lost. 



PARLIAMENTARY RULES. 505 

58. A. mistake in the announcement of a vote may be recti- 
fied after the result is announced. 

59. There is precedent that a member may change his vote 
if it be done before any other business is taken up. 

60. Where different numbers are suggested for filling blanks, 
the highest number, greatest distance, and longest time, are usu- 
ally voted on first. 

61. A rule of order may be suspended, by a vote of the meet- 
ing, to allow of transacting business which could not otherwise 
be done. 

62. The chair has a right to name any one to act for him* 
but this substitution doei not extend beyond the first adjourn- 
ment 



43 



PAY OF OFFICERS OF THE UNITED 
STATES. 



EXECUTIVE DEPARTMENT. 

President per annum $50,000 

Private Secretary " 3,500 

Assistant Secretary " 2,500 

Executive Clerks " 2,300 

Vice-President " 8,000 

HEADS OF DEPARTMENTS. 

Secretary of State per annum S8,000 

Secretary of the Treasury " 8,000 

Secretary of War " 8,000 

Secretary of the Navy " 8,000 

Secretary of the Interior " 8,000 

Postmaster General " 8,000 

Attorney General " 8,000 

LEGISLATIVE DEPARTMENT. 

Speaker of House of Representatives, (mileage, 20 

cents per mile,) per annum 88,000 

United States Senators, Members of Congress, and 

Delegates from Territories " 5,000 

JUDICIARY (SUPREME COURT OF UNITED STATES). 

Chief Justice per annum 810,500 

Associate Justices, ( eight in number ; court meets 

1st Monday in December] " 10,000 

MINISTERS AND DIPLOMATIC AGENTS OF THE UNITED 
STATES IN FOFtEIGN COUNTRIES — ENVOYS EXTRAORDI- 
NARY AND MINISTERS PLENIPOTENTIARY. 

Minister to Great Britain per annum 117,500 

Minister to Russia " 17,500 

Minister to France " 17,500 

Minister to Germany " 17,500 

Minister to Spain " 12,000 

Minister to Austria " 12,000 

Minister to Italy " 12,01 

Minister to China " 12,000 

Minister to Mexico " 12,000 

Minister lo Brazil " 12,000 

Minister to Japan " 12,000 

M mister to Chili " 10,0(0 

Minister to Peru " 10.0C0 

Minister to Central America " 10,000 

506 



PAY OF OFFICERS. 



507 



MINISTERS RESIDENT. 

Minister in fortugat per 

Minister in Belgium 

Minister in Netherlands 

Minister in Denmark 

Minister in Sweden and Norway 

Minister in .Switzerland 

Minister in Turkey 

Minister in Venezuela 

Minister in Ecuador 

Minister in Argentine Confederation 

Minister in Hawaiian Islands 

Minister in Greece 

Minister in Columbia 

Minister in Bolivia 

WAR DEPARTMENT. 

Secretary of War. per 

General 

Adjutant General 

Assistant Adjutant General 

Second Assistant Adjutant General 

Third Assistant Adjutant General 

Fourth Assistant Adjutant General 

Chief Clerk Adjutant General's Bureau 

Inspector General 

Judge Advocate General 

Assistant Judge Advocate 

Quartermaster General 

Deputy Quartermaster General 

Assistant Quartermaster 

Chief Clerk Quartermaster's Bureau 

Chief of Engineers' Bureau 

Chief Clerk of Engineers' Bureau 

Surgeon General '. 

Assistant Surgeon General 

Chief Clerk Surgeon General's Bureau 

Chief of Ordnance 

Chief Clerk of Ordnance 

Paymaster General 

Deputy Paymaster General - 

Assistant Paymaster General 

Chief Clerk Paymaster General's Bureau 

Commissary General of Subsistence 

Assistant Commissary General 

Chief Clerk Commissary General's Bureau 



annum 


87,500 


" 


7,500 


" 


7,500 


<< 


7,500 


" 


7,500 


•* 


7,500 




7,500 


" 


7,500 


" 


7,500 


" 


7,500 


i< 


7,500 


" 


7,500 


•< 


7,500 




7,500 


annum 


58,000 


" 


135500 


it 


5,500 


" 


3,500 




3,000 


a 


3,000 


" 


3,000 




2,000 




3,500 


ft 


5,500 




3,500 




5,500 




3,000 




3,500 




2,000 


H 


5,500 




2,000 




5,500 




3,500 




2,000 


II 


5,500 




2,000 


II 


3500 


<< 


3,0C0 




3,500 




2,000 




5,500 




3,500 


II 


2,000 



GENERAL OFFICERS. 

Lieutenant General per month 5916 67 

Aids-de-camp according to rank. 

Major General per month $625 00 

Brigadier General " 458 33 



ADJUTANT GENERAL'S DEPARTMENT. 

Adjutant General— Brigadier General per month JM58 33 

291 67 
250 60 
208 33 
291 67 
208 33 



Assistant Adjutant General — Colonel. 

Assistant Adjutant General— Lieutenant Colonel. 

Assistant Adjutant General — Major 

Judge Advocate General— Colonel 

Judge Advocate— Major 



508 PAT OF OFFICERS. 

INSPECTOR GENERAL'S DEPARTMENT . 

Inspector General— Colonel per month $291 67 

Assistant Inspector General— Major *« 208 33 

SIGNAL DEPARTMENT. 
Signal Officer— Colonel per month 8291 67 

PAY DEPARTMENT. 

Paymaster General per month 5291 67 

Deputy Paymaster General " 250 50 

Paymaster " 208 33 

OFFICERS OF THE CORPS OF ENGINEERS, TOPOGRAPHICAL 
ENGINEERS, AND ORDNANCE DEPARTMENT. 

Chief of Ordnance— Brigadier General per month $153 83 

Colonel " 291 67 

Lieutenant Colonel " 250 00 

Major " 208 33 

Captain " 150 00 

First Lieutenant " 125 00 

Second Lieutenant " 116 67 

OFFICERS OF MOUNTED DRAGOONS, CAVALRY, RIFLEMEN, 
AN D LIGHT ARTILLERY. 

Colonel per month 8291 67 

Lieutenant Colonel " 250 00 

Major " 208 33 

Captain «» 166 67 

First Lieutenant " 133 33 

Second Lieutenant " 125 00 

QUARTERMASTER'S DEPARTMENT. 

Quartermaster General— Brigadier General per month 8458 33 

Assistant Quartermaster General— Colonel " 291 61 

Deputy Quartermaster General— Lieuteu't Colonel " 250 00 

Quartermaster— Major " 208 33 

Assistant Quartermaster— Captain " 166 67 

SUBSISTENCE DEPARTMENT. 

Commissary General of Subsistence — Brigadier 

General per month 8458 33 

Assistant Commissary General— Colonel " 291 67 

Commissary of Subsistence— Major " 208 33 

Commissary of Subsistence— Captain " 150 00 

MEDICAL DEPARTMENT. 
Surgeon General— Brigadier General per month 8458 33 



Assistant Surgeon General. 

Chief Medical Purveyor 

Assistant Medical Purveyor 

Surgeons — Majors 

Assistant Surgeons— Captains 

Adjutaut Regimental Quartermaster. 



291 67 
291 67 
250 00 
208 33 
150 00 
150 00 



PAY OF OFFICERS. 



509 



OFFICERS OF ARTILLERY AND INFANTRY. 

Colonel per month 5291 67 

Lieutenant Colonel " 250 00 

Major " 208 38 

Captain " 1*> 00 

First LietUenaut " 125 00 

Second Lieutenant " H6 07 

MONTHLY PAY OF ENLISTED MEN OF THE UNITED STATES 
ARMY— FIRST ENLISTMENT. 



COMPAKT. 

Private— Artillery, Cavalry, and Infantry per month $13 00 

Private, 2d class— Engineers and Ordnance ~ " 13 00 

Musician— Engineers, Artillery, and Infantry " 13 00 

Trumpeter— Cavalry " 13 00 

Wagoner— Artillery, Cavalry, and Infantry " 14 00 

Artificer— Artillery and Infantry " 15 00 

Corporal— Artillery, Cavalry, and Infantry 15 00 

Blacksmith and Farrier— Cavalry " 15 00 

Saddler— Cavalry " 15 00 

Quartermaster Sergeant " 17 00 

Sergeant— Artillery, Cavalry, and Infantry " 17 00 

Private, 1st Class— Engineers and Ordnance " 17 00 

Corporal— Engineers and Ordnance " 20 00 

First Sergeant— Artillery, Cavalry and Infantry.... " 22 00 

Saddler — Sergeant— Cavalry " 22 00 

Sergeant — Engineers and Ordnance " 34 00 

REGIMENT. 

Chief Trumpeter— Cavalry per month $22 00 

Principal Musician— Artillery and Infantry " 22 00 

Chief Musician— Artillery, Cavalry, and Infantry.. " 60 00 

Sergeant Major — Artillery, Cavalry, and Infantry.. " 23 00 
Quartermaster Sergeant — Artillery, Cavalry, and 

Infantry «' 23 00 

Sergeant Major and Quartermaster Sergeant— En- 
gineers " 36 00 

Veterinary Surgeon— Senior " 100 00 

Veterinary Surgeon— Junior " 75 00 

POST. 

Hospital Matron per month $10 00 

Hospital Steward— 1st class " 30 00 

Hospital Steward-2d class " 22 00 

Hospital Steward— 3d class " 20 00 

Ordnance Sergeant " 34 00 

Commissary Sergeant " 34 00 

N.B.— The pay of enlisted men, excepting the wagoner, artificer, 

quartermaster sergeant, chief musician, veterinary surgeons, and 
hospital matron, during first enlistment increases $1 per annum after 

the second year. First re-enlistment pay is increased $2, and $1 for 
second, third, and fourth re-enlistment, and is uniform in each. 

SAPPERS AND MINERS, AND PONTOONIERS. 

Sergeant per month $34 00 

Corporal " 20 00 

Private— 1st class " 17 00 

Private— 2d class " 13 00 

Musician " 13 00 



PAY OF THE NAVY OF THE UNITED STATES. 





PER 


ANNUM. 


OFFICERS. 


03 

a 

o 


a 

O 


O 

o 




$13000 
9000 








fsoot 






G0O0 
5000 
4500 
3500 

2S00 
3000 
2400 
2600 
1400 
1800 
1200 
1100 
1000 
4400 
4400 
2800 
3200 

a50o 

3700 
4200 
2000 
2200 
1700 
1900 


5001 

4IHII. 

3501 
300( 
2400 
2601 
200< 
2200 
1200 
1500 
1000 
1200 
800 






3000 
2800 
2300 

2000 
2200 






Lieut. Commanders— 1st lour years of commission 


Lieutenants — 1st five years of commission 




1800 
1000 
1200 










1000 
000 






Medical aud Pny Inspectors, and Chief Engineers 








2400 
2800 
3200 
3000 
4000 
1800 
2000 
1400 
1000 


2000 


.' _2d " " " " 


2400 


" —3d " " " " 


2600 


" —4th " " " " 


2800 




3000 


Past Assistant Surgeons— 1st five years of commission 


1500 
1"00 


Assistant Surgeons— 1st five years 6f commission 


1000 
1200 


Paymasters — same as Surgeons. 




Past Assistant Paymasters— same as P. A. Surgeons. 








Assistant Paymasters— 1st five years of commission... 


17(H) 
1900 
2500 
2S00 
2100 
2700 
3000 
3500 
1200 
1200 
1300 
1100 
1600 
1800 


1400 
1600 
2000 
2300 
2100 
2700 
30110 
3500 
900 
900 
1000 
1300 
1300 
1600 
32n0 
3100 
3700 
4000 
4200 
2000 
2200 
2600 


iocio 

1200 




1600 


Professors of Mathematics— 1st five years of commis'n 
—2d " " " 
" " " —3d " " " " 
" " " — after fifteen years 


1900 
1500 
1800 
2100 
2600 




700 




700 


" —2d " " " " 


800 


« _3d « « <t « 


900 


" —4th " " " " 


1000 




1200 


-2d " " " " 
« « _3(j « « u ti 

" —4th " " " " 


2200 
2400 

2700 
301 II I 
3' "00 


Assistant Naval Contractors— 1st four years of com'u 




1500 


" " —2d " " " " 




1700 






1900 



510 



PAY OF OFFICERS. 



511 



OFFICERS OF THE NAVY— Continued. 

Chief Engineers— same as Surgeons. 

Past Assistant Engineers— same as P. A. Surgeons. 

Assistant Engineers— same as Assistant Surgeons. 

Secretaries to Admiral and Vice Admiral per annum 

" " Commanders of Squadrons 

Clerks to Commanders of Squadrons 

» " " " Vessels " 

" at Navy Yards— Boston and New York " 

" " " " —Washington 

" " " " —Philadelphia " 

" " " " — Mare Island " 

Yeomen— first and second rate per month 

" —third rate " 

" —fourth rate 

Armorers— first rate 

" —second, third, and fourth rate 

Boatswain's Mate and Gunners, each " 

Carpenters 

Sail maker's Mate 

Masters-at-arms— first and second rate 

" —third rate 

" —fourth rate 

Ship's Corporals 

Coxswains, Quartermasters, Quarter Gunners 

Captains of Forecastle, Tops, Afterguard, and Hold 

Coopers 

Painters— first class " 

" — second class 

Stewards— of Cabin 

" — of Ward Room . " 

" — Of Steerage " 

" _ f Warrant Officers " 

Nurses— complement less than 200— one nurse " 

» — " over 200 — two nurses " 

Cooks— Cabin 

' —Ward Room 

" — Steerage " 

" —Warrant Officers .* " 

Musicians— Masters of Band " 

" —first class " 

" —second class " 

Seamen 

" —Ordinary " 

Landsmen " 

Firemen— first class " 

" — second class " 

Coal Heavers " 

Marine Corps— Brigadier General per annum 

" " — Ass't Quartermaster, captain's rank 

•• " —Colonel " 

" " — Lieutenant Colonel " 

" •« —Major " 

" " —Captain " 

" " —1st Lieutenant and Aid-de-camp " 

" " —1st Lieutenant " 

" " —2d " " 



62500 

2000 

750 

750 

1600 

1600 

1600 

1800 

861 50 

56 50 

51 50 

30 50 

31 50 
28 50 
31 50 
26 .50 
61 50 
56 50 
51 50 
23 50 
26 50 
26 50 
23 50 
26 50 
23 50 
86 50 
31 50 
21 50 
19 50 
15 50 
15 50 
31 50 
26 50 
19 50 
15 50 
51 50 
36 50 
31 50 
21 50 
17 50 
15 50 
31 50 
26 50 
21 50 
85500 

2000 
3500 
3000 
2500 
1800 
1750 
1500 
1400 



N.B.— All officers on retired list receive 75 or 50 per cent, of their 
sea pay, according as they are retired for long and faithful service or 
for other causes. 



SCHEDULE OF STAMP DUTIES. 

REVISED AND CORRECTED TO DATE. 



8TAMP DUTIES UNDER SCHEDULE B. 

Stamp Duty. 
BANK CHECK, draft, order, or voucher for the pay- 
ment of any sum of money whatever drawn upon any 
bank, banker, or trust company, at sight or on de- 
mand 02 

BILL OF EXCHANGE (foreign), or letter of credit 
drawn in but payable out of the United States. If 
drawn singly, same rates of duty as inland bills of 
exchange or promissory notes. 

If drawn in sets of three or more, for every bill of 
each set, where the sum made payable shall not 
exceed $100 or the equivalent thereof in any for- 
eign currency 02 

And for every additional $100, or fractional part 

thereof in exc%ss of $100 02 

CANCELLATION. 

In all cases where adhesive Btamps are used for denoting the 
tax upon an instrument, the person or party using or affixing 
them must so affix them that the entire surface of each and every 
stamp shall be exposed to view, and must cancel them by writ- 
ing or imprinting upon each stamp with ink the initials of his 
name, and the date (year, month, and day) on which the same 
is attached or used, or by cutting and canceling the same by a 
machine which shall affix the date, and so cut and deface the 
stamp as to render it manifestly unfit for re-use, and at the same 
time shall not so deface the stamp as to prevent its denomination 
and genuineness from being readily determined. 

When the stamps are printed upon checks, etc., so that in 
filling up the instrument the face of the stamp is, and must nec- 
essarily be, written across, no other cancellation will be required. 
512 



SCHEDULE OF STAMP DUTIES. 513 



PENALTIES 

A penalty of $50 is imposed upon every person who makes, 
signs, or issues, or who causes to be made, signed, or issued, any 
paper of any kind or description whatever, or who accepts, ne- 
gotiates, or pays, or who causes to be accepted, negotiated, or 
paid, any check, draft, order, or voucher drawn upon any bank, 
banker, or bank company for the payment of any sum of money 
whatever, without the same being duly stamped, or having there- 
upon an adhesive stamp for denoting the tax chargeable thereon, 
canceled in the manner required by law, with intent to evade tho 
provisions of the revenue act. (Sec. 3422 R. S.) 

A penalty of $50 is imposed upon every person who fraudently 
makes use of an adhesive stamp to denote the duty required by 
the revenue act, without effectually canceling and obliterating 
the same in the manner required by law. (bee. 3422 R. S. ) 

No bank check, draft, or order required by law to be stamped, 
which is issued without being stamped, shall be admitted or used 
in evidence in any court until a legal stamp denoting the amount 
of tax is applied thereto, as provided by law. 

It is not lawful to record any instrument, document, or paper, 
required by law to be stamped, or any copy thereof, unless a 
stamp or stamps of the proper amount have been affixed and 
canceled in the manner required by law ; and such instrument 
or copy and the record thereof are utterly null and void, and 
can not be used or admitted as evidence in any court until the 
defect has been cured, as provided in Bection 3422 R. S. 

GENERAL REMARKS REFERRING TO SCHEDULE B. 

Revenue stamps may be used indiscriminately upon any of 
the matters or things enumerated in Schedule B, except propri- 
etary and playing card stamps, for which a special use has been 
provided. 

Postage stamps can not be used in payment of the duty 
chargeable on instruments. 

The law does not designate which of the parties to an instru- 
ment shall furnish the necessary stamp, nor does the commis- 
sioner of internal revenue assume to determine that it shall be 
supplied by one party rather than by another; but if an instru- 
ment subject to stamp duty is issued without having the neces- 
sary stamp affixed thereto, it can not be recorded, or admitted, 
or used as evidence in any court, until a legal stamp or stamps, 
denoting the amount of tax, shall have been affixed as prescribed 
by law, and the person who thus issues it is liable to a penalty 



514 SCHEDULE OF STAMP DUTIES. 

if he omits the stamps with an attempt to evade the provisions 
of the internal revenue act. 

STAMP DUTIES UPON ARTICLES IN SCHEDULE C. 

Stamp Duty. 

PROPRIETARY MEDICINES AND PREPARA- 
TIONS. For and upon every packet, box, bottle, pot, 
phial, or other enclosure, containing any pills, pow- 
ders, tinctures, troches, lozenges, sirups, cordials, 
bitters, anodynes, tonics, plasters, liniments, salves, 
ointments, pastes, drops, waters, essences, spirits, 
oils, or other medicinal preparations or compositions 
whatsoever, sold, offered, or exposed for sale, or re- 
moved for consumption and sale, by any person or 
persons whatever, where such packet, box, etc., with 
its contents, does not exceed, at retail price or value, 

the sum of twenty-five cents $0 01 

Exceeding twenty-five and not exceeding fifty cents 02 

Exceeding fifty and not exceeding seventy-five cents 03 

Exceeding seventy-five cents and not exceeding one 

dollar 04 

Exceeding one dollar, for every additional fifty 
cents, or fractional part thereof in excess of one 

dollar 02 

Officinal preparations, and medicines mixed or 
compounded specially for any person according 
to the written recipe or prescription of any phy- 
sician or surgeon Exempt. 

PERFUMERY AND COSMETICS. For and upon 
every packet, box, bottle, pot, phial, or other enclos- 
ure containing any essence, extract, toilet-water, cos- 
metic, hair-oil, pomade, hair-dressing, hair-restora- 
tive, hair.dye, tooth-wash, dentifrice, tooth-paste, aro- 
matic cachous, or any similar articles, by whatsoever 
name the same heretofore have been, now are, or 
may hereafter be called, known or distinguished, 
used or applied, or to be used or applied, as per- 
fumes or applications to the hair, mouth, or skin, 
sold, offered for sale, or removed for consumption 
and sale, the same rates per package, etc., as for 
medicines and preparations. 
FRICTION MATCHES. For and upon every parcel 

or package of 100 or less 01 

More than 100 and not more than 200 02 

For every additional 100 or fractional part thereof. 01 



SCHEDULE OF STAMP DUTIES. 515 

Stamp Duty. 

WAX TAPERS, double the rates for friction matches. 

CIGAR LIGHTS, made in part of wood, wax, glass, 

paper, or other materials, in parcels or packages, 

containing twenty-five lights or less in each parcel or 

package 01 

When in parcels or packages containing more 

than twenty -five and not more than fifty lights.. 02 
For every additional twenty-five lights, or frac- 
tional part of that number, one cent additional. 

PLAYING CARDS. For and upon every pack not ex- 
ceeding fifty-two cards in number, irrespective of 
price or value 05 

GENERAL REMARKS OX SCHEDULE C. 

Perfumery and cosmetics are liable to stamp duty whether 
sold with the bottle or other enclosure containing them, or in 
bottles, etc., furnished by the purchaser. 

Stamps appropriated to denote the duty charged upon articles 
named in Schedule C, and in the amendments thereto, can not 
be used for any other purpose, nor can stamps appropriated to 
denote the duty upon instruments to be used in payment of the 
duties upon articles enumerated in this schedule. 

Any person who offers or exposes for sale any of the articles 
named in Schedule C, or in any of the amendments thereto, 
whether they are imported or of foreign or domestic manufac- 
ture, is to be deemed the manufacturer thereof and subject to 
all the duties, liabilities, and penalties imposed by law in regard 
to the sale of domestic articles without the use of the proper 
stamp or stamps for denoting the tax paid thereon. The stamp 
tax upon such articles imported or of foreign manufacture is in 
addition to the import duties. 



HISTORY OF THE NATIONAL BANKS. 

DIGEST OF THE LAW, ETC. 



Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, That there shail be estab- 
lished in the Treasury Department a separate Bureau, the chief 
officer of which shall be denominated the Comptroller of the Cur- 
rency, who shall be under the general direction of the Secretary 
of the Treasury. 

Sec. 5. That associations for carrying on the business of bank- 
ing may be formed by any number of persons, not less in any 
case than five, who shall enter into articles of association, which 
shall specify in general terms the object for which the association 
is formed, and may contain any other provisions, not inconsistent 
with the provisions of this act, which the association may see fit 
to adopt for the regulation of the business of the association and 
the conduct of its affairs, which said articles shall be signed by 
the persons uniting to form the association, and a copy of them 
forwarded to the Comptroller of the Currency, to be filed and pre- 
served in his office. 

Sec. 6. That the persons uniting to form such an association 
shall, under their hands, make an organization certificate, which 
shall specify — 

First. The name assumed by such association, which name shall 
be subject to the approval of the Comptroller. 

Second. The place where its operations of discount and deposit 
are to be carried on, designating the State, Territory, or District, 
and also the particular county and city, town or village. 

Third. The amount of its capital stock, and the number of 
shares into which the same shall be divided. 

Fourth. The names and places of residence of the shareholders, 
and the number of shares held by each of them. 

Fifth. A declaration that said certificate is made to enable such 
persons to avail themselves of the advantages of this act. 

The said certificate shall be acknowledged before a judge of 
some court of record or a notary public, and such certificate, with 
the acknowledgment thereof authenticated by the seal of such 
court or notary, shall be transmitted to the Comptroller of the 
Currency, who shall record and carefully preserve the same in his 
office. Copies of such certificate, duly certified by the Comptroller 

516 



HISTORY OF THE NATIONAL BANKS. 517 

and authenticated by his seal of office, shall be legal and sufficient 
evidence in all courts and places within the United States, or the 
jurisdiction of the Government thereof, of the existence of such 
association, and of every other matter or thing which could be 
proved by the production of the original certificate. 

Sec. 7. That no association shall be organized under this act, 
with a less capital than one hundred thousand dollars, nor in a 
city whose population exceeds fifty thousand persons, with a less 
capital than two hundred thousand dollars: Provided, That banks 
with a capital of not less than fifty thousand dollars may, with the 
approval of the Secretary of the Treasury, be organized in any 
place, the population of which does not exceed six thousand inhab- 
itants. 

Sec. 8. That every association formed, pursuant to the provisions 
of this act, shall, from the date of the execution of its organization 
certificate, be a body-corporate, but shall transact no business ex- 
cept such as may be incidental to its organization and necessarily 
preliminary, until authorized by the Comptroller of the Currency 
to commence the business of banking. Such association shall have 
power to adopt a corporate seal, and shall have succession by the 
name designated in its organization certificate, for the period of 
twenty years from its organization, unless sooner dissolved ac- 
cording to the provisions of its articles of association, or by the 
act of its shareholders owning two-thirds of its stock, or unless 
the franchise shall be forfeited by a violation of this act; by such 
name it may make contracts, sue and be sued, complain and defend, 
in any court of law and equity as fully as natural persons; it may 
elect or appoint directors, and by its board of directors appoint a 
president, vice-president, cashier, and other officers, define their 
duties, require bonds of them, and fix the penalty thereof, dismiss 
said officers or any of them at pleasure, and appoint others to fill 
their places, and exercise under this act all such incidental pow- 
ers as shall be necessary to carry on the business of banking by 
discounting and negotiating promissory notes, drafts, bills of ex- 
change, and other evidences of debt; by receiving deposits; by 
buying and selling exchange, coin, and bullion; by loaning money 
on personal security; by obtaining, issuing, and circulating notes 
according to the provisions of this act; and its board of directors 
shall also have power to define and regulate by by-laws, not incon- 
sistent with the provisions of this act, the manner in which its 
stock shall be transferred, its directors elected or appointed, its 
officers appointed, its property transferred, its general business con- 
ducted, and all the privileges granted by this act to associations 
organized under it shall be exercised and enjoyed; and its usual 
business shall be transacted at an office or banking-house located 
in the place specified in its organization certificate. 

Sec. 9. That the affairs of every association shall be managed 
by not less than five directors, one of whom shall be the presi- 



518 niSTORT OF THE NATIONAL BANKS. 

dent. Every director shall, during his whole term of service, bo 
a citizen of the United States; and at least three-fourths of the 
directors shall have resided in the State, Territory, or District 
in which such association is located one year next preceding 
their election as directors, and be residents of the same during 
their continuance in office. Each director shall own, in his own 
right, at least ten shares of the capital stock of the association of 
which he is a director. 

Sec. 11. That in ail elections of directors, and in deciding all 
questions at meetings of shareholders, each shareholder shall bo 
entitled to one vote on each share of stock held by him. Share- 
holders may vote by proxies duly authorized in writing; but no 
officer, clerk, teller, or book-keeper of such association shall act as 
proxy; and do shareholders, whose liability is past due and un- 
paid, shall be allowed to vote. 

Sec. 12. That the capital stock of any association formed under 
this act shall be divided into shares of one hundred dollara each, 
and be deemed personal property and transferable on the books 
of the association ; and every person becoming a shareholder by 
6uch transfer shall, in proportion to his shares, succeed to all the 
rights and liabilities of the prior holder of such shares, and no 
change shall be made in the articles of association by which the 
rights, remedies, or security of the existing creditors of the asso- 
ciation shall be impaired. The shareholders of each association 
formed under the provisions of this act, and of each existing 
bank or banking association that may accept the provisions of this 
act, shall be held individually responsible, equally and ratably, 
and not one for another, for all contracts, debts, and engagements 
of such association to the extent of amount of their stock therein 
at the par value thereof, in addition to the amount invested in such 
shares; except that shareholders of any banking association now 
existing under State laws, having not less than five millions of 
dollars of capital actually paid in, and a surplus of twenty per 
centum on hand, both to be determined by the Comptroller of the 
Currency, shall be liable only to the amount invested in their 
shares; and such surplus of twenty per centum shall be kept un- 
diminished, and be in addition to the surplus provided for in this 
act; and if at any time there shall be a deficiency in said surplus 
of twenty per centum, the said banking association shall not pay 
any dividends to its shareholders until such deficiency shall be 
made good; and in case of such deficiency, the Comptroller of 
the Currency may compel said banking association to close up 
its business and wind up its aft'airs under the provisions of this 
act. And the Comptroller shall have authority to withhold from 
an association his certificate authorizing the commencement of 
business, whenever he shall have reason to suppose that the share- 
holders thereof have formed t lie same for any other than the legiti- 
mate objects contemplated bv this act. 



HISTORY OF TOE NATIONAL BANK8. 519 

Sec. 13. That it shall be lawful for any association formed under 
this act, by its articles of association to provide for an increase of 
its capital from time to time, as may be deemed expedient, subject to 
the limitations of this act: Provided, That the maximum of such in- 
crease in the articles of association shall be determined by the 
Comptroller of the Currency ; and no increase of capital shall be 
valid until the whole amount of such increase shall be paid in, 
and notice thereof shall have been transmitted to the Comptroller 
of the Currency, and his certificate obtained specifying the amount 
of such increase of capital stock, with his approval thereof, and 
that it has been duly paid in as part of the capital of such asso- 
ciation. And every association shall have power, by the vote of 
shareholders owning two-thirds of its capital stock, to reduce the 
capital of such association to any sum not below the amount re- 
quired by this act in the formation of associations: Provided, That 
by no such reduction shall its capital be brought below the amount 
required by this act for its outstanding circulation, nor shall any 
such reduction be made until the amount of the proposed reduc- 
tion has been reported to the Comptroller of the Currency and his 
approval thereof obtained. 

Sec. 14. That at least fifty per centum of the capital stock of 
every association shall be paid in before it shall be authorized to 
commence business; and the remainder of the capital stock of 
such association shall be paid in installments of at least ten per 
centum each on the whole amount of the capital as frequently as 
one installment at the end of each succeeding month from the time 
it shall be authorized by the Comptroller to commence business ; 
and the payment of each installment shall be certified to the 
Comptroller, under oath, by the president or cashier of the asso- 
ciation. 

Sec. 16. That every association, after having complied with the 
provisions of this act, preliminary to the commencement of bank- 
ing business under its provisions, anil before it shall be author- 
ized to commence business, shall transfer and deliver to the Treas- 
urer of the United States any United States registered bonds 
bearing interest to an amount not less than thirty thousand dol- 
lars nor less than one-third of the capital stock paid in, which 
bonds shall be deposited with the Treasurer of the United States, 
and by him safely kept in his office until the same shall be other- 
wise disposed of, in pursuance of the provisions of this act; and 
the Secretary of the Treasury is hereby authorized to receive and 
cancel any United States coupon bonds, and to issue in lieu thereof 
registered bonds of like amount, bearing a like rate of interest, 
and having the same time to run; and the deposit of bonds shall 
be, by every association, increased as its capital may be paid up 
or increased, so that every association shall at all times have on de- 
posit with the Treasurer registered United States bonds to the 
amount of at least one-third &* its capital stock actually paid in: 



520 HISTORY Or THE NATTOKAL BANKS. 

Provided, That nothing in this section shall prevent an association 
that may desire to reduce its capital or to close up its business and 
dissolve its organization from taking up its bonds upon returning 
to the Comptroller its circulating notes in the proportion herein- 
after named in this act, nor from taking up any excess of bonds 
beyond one-third of its capital stock, and upon which no circulat- 
ing notes have been delivered. 

Sec. 17. That whenever a certificate shall have been transmitted 
to the Comptroller of the Currency, as provided in this act, and 
the association transmitting the same shall notify the Comp- 
troller that at least fifty per centum of its capital stock has 
been paid in as aforesaid, and that such association has com- 
plied with all the provisions of this act as required to be com- 
plied with before such association shall be authorized to com- 
mence the business of banking, the Comptroller shall examine 
into the condition of such association, ascertain especially the 
amount of money paid in on account of its capital, the name and 
place of residence of each of the directors of such association, and 
the amount of the capital stock of which each is the bona fide 
owner, and generally whether such association has complied with 
all the requirements of this act to entitle it to engage in the busi- 
ness of banking; and shall cause to be made and attested by the 
oaths of a majority of the directors and by the president or cashier 
of such association, a statement of all the facts necessary to enable 
the Comptroller to determine whether such association is lawfully 
entitled to commence the business of banking under this act. 

Sec. 19. That all transfers of United States bonds which shall 
be made by any association under the provisions of this act shall 
be made to the Treasurer of the United States in trust for the as- 
sociation, with a memorandum written or printed on each bond, 
and signed by the cashier or some other officer of the association 
making the deposit, a receipt therefor to be given to said associa- 
tion, or by the Comptroller of the Currency, or by a clerk appointed 
by him for that purpose, stating that it is held in trust for the 
association on whose behalf such transfer is made, and as a se- 
curity for the redemption and payment of any circulating notes 
that may have been or may be delivered to such association. No 
assignment or transfer of any such bonds by the Treasurer shall 
be deemed valid or of binding force and effect unless counter- 
signed by the Comptroller of the Currency. It shall be the duty 
of the Comptroller of the Currency to keep in his office a book in 
which shall be entered the name of every association from whose 
accounts such transfer of bonds is made by the Treasurer, and the 
name of the party to whom such transfer is made; and the par 
ralue of the bonds so transferred shall be entered therein; and it 
shall be the duty of the Comptroller, immediately upon counter- 
signing and entering the same, to advise by mail the association 
from whose account such transfer was made of the kind and au- 



HISTORY OF THE NATIONAL BANKS. 521 

merical designation of the bonds and the amount thereof so trans- 
ferred. 

Sec. 21. That upon the transfer and delivery of bonds to the 
Treasurer, as provided in the foregoing section, the association 
making the same shall be entitled to receive from the Comptroller 
of the Currency circulating notes of different denominations, in _ 
blunk, registered and countersigned, as hereinafter provided, equal 
in amount to ninety per centum of the current market value of 
the United States bonds so transferred and delivered, but not ex- 
ceeding ninety per centum of the amount of said bonds at the par 
value thereof, it hearing interest at a rate not less than five per 
centum per annum; and the amount of such circulating notes to 
be furnished to each association shall be in proportion to its 
paid-up capital, as follows, and no more: To each association 
whose capital shall not exceed five hundred thousand dollars, 
ninety per centum of such capital; to each association whose 
capital exceeds five hundred thousand dollars, but does not ex- 
ceed one million dollars, eighty per centum of such capital ; to 
each association whose capital exceeds one million dollars, but 
does not exceed three millions of dollars, seventy-five per centum 
of such capital ; to each association whose capital exceeds three 
millions of dollars, sixty per centum of such capital. And that one 
hundred and fifty millions of dollars of the entire amount of cir- 
culating notes authorized to be issued shall be apportioned to as- 
sociations in the States, in the District of Columbia, and in the 
Territories, according to representative population, and the re- 
mainder shall be apportioned by the Secretary of the Treasury 
among associations formed in the several States, in the District 
of Columbia, and in the Territories, having due regard to the ex- 
isting banking capital, resources, and business of such State, Dis- 
trict, and Territory. (Act as amended and approved, March 3, 
18155.) 

Sec. 22. That the entire amount of notes for circulation to be 
issued under this act shall not exceed three hundred millions of 
dollars. In order to furnish suitable notes for circulation, the 
Comptroller of the Currency is hereby authorized and required, 
under the direction of the Secretary of the Treasury, to cause plates 
and dies to be engraved, in the best manner, to guard against coun- 
terfeiting and fraudulent alterations, and to have printed there- 
from, and numbered, such quantity of circulating notes, in blank, 
of the denominations of one dollar, two dollars, three dollars, five dol- 
lars, ten dollars, twenty dollars, fifty dollars, one hundred dollars, 
five hundred dollars, and one thousand dollars, as may be required 
to supply, under this act, the associations entitled to receive the 
same; which notes shall express upon their face that they are se- 
cured by United States bonds, deposited with the Treasurer of the 
United States by the written or engraved signatures of the Treasurer 
and Register, and by the imprint of the seal of the Treasury; and 

44 



522 HISTORY OF TtlE NATIONAL BANKS. 

shall also express upon their face the promise of the association 
receiving the same to pay on demand, attested by the signatures 
of the president or vice-president and cashier. And the said notes 
shall bear such devices and such other statements, and shall Vie in 
such form as the Secretary of the Treasury shall, by regulation, 
iirect: Provided, That not more than one-sixth part of the notes 
furnished to an association shall be of a less denomination than 
five dollars, and that after specie payments shall be resumed no 
issociation shall be furnished with noies of a less denomination 
:han five dollars. 

Sec. '28. That after any such association shall have caused its 
promise to pay such notes on demand to be signed by the presi- 
dent or vice-president, and cashier thereof, in such manner as to 
make them obligatory promissory notes, payable on demand, at its 
place of business, such association is hereby authorized to issue 
and circulate the same as money ; and the same shall be received 
at par in all parts of the United States in payment of taxes, ex- 
cises, public lands, and all other dues to the United States, except 
for duties on imports; and also for all salaries and other debts 
and demands owing by the United States to individuals, corpora- 
tions, and associations within the United States, except interest 
on the public debt, and in redemption of the national currency. 
And no such association shall issue post notes or any other notes 
to circulate as money than such as are authorized by the foregoing 
provisions of this act. 

Sec. 24. That it shall be the duty of the Comptroller of the Cur- 
rency to receive worn-out or mutilated circulating notes issued by 
any such b. inking association, and also, on due proof of the destruc- 
tion of any such circulating notes, to deliver in place thereof to such 
association other blank circulating notes to an equal amount. And 
such worn-out or mutilated notes, after a memorandum shall have 
been entered in the proper books, in accordance with such regula- 
tions as may be established by the Comptroller, as well as all circu- 
lating notes which shall have been paid or surrendered to be can- 
celed, shall be burned to ashes in the presence of four persons, one to 
be appointed by the Secretary of the Treasury, one by the Comptrol- 
ler of the Currency, one by the Treasurer of the United States, and 
one by the association, under such regulations as the Secretary of 
the Treasury may prescribe. And a certificate of such burning, 
signed by the parties so appointed, shall be made in the books of 
the Comptroller, and a duplicate thereof forwarded to the associa- 
tion whose notes are thus cancelled. 

Sec. 26. That the bonds transferred to and deposited with the 
Treasurer of the United States, as hereinbefore provided, by any 
banking association for the security of its circulating notes, shall 
be held exclusively for that purpose, until such notes shall be re- 
leemod, except as provided in this act; but the Comptroller of tho 
'unency shall give to any such banking association powers of at- 



HISTORY OF THE NATIONAL BANKS. 



523 



torney to receive and appropriate to its own use tbe interest on the 
bonds which it shall have so transferred to the Treasurer; but such 
powers shall become inoperative whenever such banking associa- 
tion shall fail to redeem its circulating notes as aforesaid. When- 
ever the market or cash value of any bonds deposited with the 
Treasurer of the United States, as aforesaid, shall be reduced below 
the amount of the circulation issued for the same, the Comptroller 
of the Currency is hereby authorized to demand and receive the 
amount of such depreciation in other United States bonds at cash 
value, or in money, from the association receiving said bills, to be 
deposited with the Treasurer of the United States as long as such 
depreciation continues. And said Comptroller, upon the terms 
prescribed by the Secretary of the Treasury, may permit an ex- 
change to be made of any of the bonds deposited with the Treasurer 
by an association for other bonds of the United States authorized 
by this act to be received as security for circulating notes: Pro- 
vided, that the remaining bonds which shall have been transferred 
\>y the banking association offering to surrender circulating notes 
shall be equal to the amount required for the circulating notes 
not surrendered by such banking association, and that the amount 
of bonds in the hands of the Treasurer shall not be diminished be- 
low the amount required to be kept on deposit with him by this 
act: And provided, That there shall have been no failure by such 
association to redeem its circulating notes, and no other violation 
by such association of the provisions of this act, and that the mar- 
ket or cash value of the remaining bonds shall not be below the 
amount required for the circulation issued for the same. 

Sec. 27. That it shall be unlawful for any officer acting under the 
provisions of this act to countersign or deliver to any association, 
or to any other company or person, any circulating notes contem- 
plated by this act, except as hereinbefore provided, and in accord- 
ance with the true intent and meaning of this act. 

Sec. 2tt. That it shall be lawful for any such association to 
purchase, hold, and convey real estate as follows: 

First. Such as shall be necessary for its immediate accommoda- 
tion in the transaction of its business. 

Second. Such as shall be mortgaged to it in good faith by way 
of security for debts previously contracted. 

Third. Such as shall be conveyed to it in satisfaction of debts 
previously contracted in the course of its dealings. 

Fourth. Such as it shall purchase at sales under judgments, de- 
crees, or mortgages held by such association, or shall purchase to 
secure debts due to said association. 

Such association shall not purchase or hold real estate in any 
other case or for any other purpose than as specified in this sec- 
tion. Nor shall it hold the possession of any real estate under mort- 
gage, or hold the title and possession of any real estate purchased 
to secure any debts due to it for a longer ported than five years. 



524 



H18T0BY OF THE NATIONAL BANKS. 



Skc. 29. That the total liabilities to any association, of any per- 
son, or of any company, corporation, or firm for money borrowed, 
including in the liabilities of a company or firm the liabilities of 
the several members thereof shall at no time exceed one-tenth 
part of the amount of the capital stock of such association actually 
paid in: Provided, That the discount of bona fide bills of exchange 
drawn against actually existing values, and the discount of com- 
mercial or business paper actually owned by the person or persons, 
corporation, or firm negotiating the same shall not be considered as 
money borrowed. 

Sec. 30. That every association may take, receive, reserve, and 
charge on any loan or discount made, or upon any note, bill of ex- 
change, or other evidences of debt, interest at the rate allowed by 
the laws of the S:ate or Territory where the bank is located, and 
no more, except that where by the laws of any State a different 
rate is limited for banks of issue organized under State laws, the 
rate so limited shall be allowed for associations organized in any 
such State under this act. And when no rate is fixed by the laws 
of the State or Territory, the bank may take, receive, reserve, or 
charge a rate not exceeding seven per centum, and such interest 
may be taken in advance, reckoning the days for which the note, 
bill, or other evidence of debt has to run. And the knowingly 
taking, receiving, reserving, or charging a rate of interest greater 
than aforesaid shall be held and adjudged a forfeiture of the en- 
tire interest which the note, bill, or other evidence of debt carries 
with it, or which has been agreed to be paid thereon. And in case 
a greater rate of interest has been paid, the person or persons pay- 
ing the same, or their legal representatives, may recover back, in 
any action of debt twice the amount of the interest thus paid from 
the association taking or receiving the same: Provided, That such 
action is commenced within two years from the time the usurious 
transaction occurred. But the purchase, discount, or sale of a bona 
fide bill of exchange, payable at another place than the place of 
Buch purchase, discount, or sale, at not more than the current rate 
of exchange for sight drafts, in addition to the interest, shall not 
be considered as taking or receiving a greater rate of interest. 

Sec. 31. That every association in the cities hereinafter named 
shall, at all times, have on hand, in lawful money of the United 
States, an amount equal to at least twenty-five per centum of the 
aggregate amount of its Botes in circulation and its deposits; and 
every other association shall, at all times, have on hand, in lawful 
money of the United States, an amount equal to at least fifteen 
per centum of the aggregate amount of its notes in circulation and 
of its deposits. And whenever the lawful money of any associa- 
tion in any of the cities hereinafter named shall be below the 
amount of twenty-five per centum of its circulation and deposits, 
and whenever the lawful money of any other association shall be 
below fifteen per centum of its circulation and deposits, such as- 



HISTORY OF THE NATIONAL BANKS. 525 

sociation shall not increase its liabilities by making any n^w 
loans or discounts, otherwise than by discounting or purchasing 
bills of exchange payable at sight, nor imike any dividend of its 
profits until the required proportion between t he aggregate amount 
of its outstanding notes of circulation and deposits and its lawful 
money of the United States shall be restored: Provided, That three- 
fifths of said fifteen per centum may consist of balances due to an as- 
sociation available for the redemption of its circulating notes from 
associations approved by the Comptroller of the Currency, organized 
under this act, in the cities of Saint Louis, Louisville, Chicago, De- 
troit, Milwaukee, New Orleans, Cincinnati, Cleveland, Pittsburg, 
Baltimore, Philadelphia, Boston, New York, Albany, Leavenworth, 
San Francisco, and Washington City: Provided, also, That clearing- 
house certificates, representing specie or lawful money specially 
deposited for the purpose of any clearing-house association, shall 
be deemed to be lawful money in the possession of any association 
belonging to such clearing-house holding and owning such certifi- 
cate, and shall be considered to be a part of the lawful money 
which such association is required to have under the foregoing 
provisions of this section : Provided, That the cities of Charleston 
and Kichmond may be added to the list of cities in the national 
associations, of which other associations may keep three-fifths of 
their lawful money, whenever, in the opinion of the Comptroller 
of the Curreucy, the condition of the Southern States will war- 
rant it. And it shall be competent for the Comptroller of the 
Currency to notify any association, whose lawful money reserve as 
aforesaid shall be below the amount to be kept on hand as afore- 
said, to make good such reserve; and if such association shall fail 
for thirty days thereafter, so as to make good its reserve of law- 
ful money of the United States, the Comptroller may, with the 
concurrence of the Secretary of the Treasury, appoint a receiver 
to wind up the business of such association, as provided in this 
act. 

Sec. 32. That each association organized in any of the cities 
named in the foregoing section shall select, subject to the appro- 
val of the Comptroller of the Currency, an association in the city 
of New York, at whicli it will redeem its circulating notes at par. 
And each of such associations may keep one-half of its lawful 
money reserve in cash deposits in the city of New York. And 
each association, not organized within the cities named in the 
preceding section, shall select, subject to the approval of the Comp- 
troller of the Currency, an association in either of the cities named 
in the preceding section, at which it will redeem its circulating 
notes at par. And every association formed or existing under the 
provisions of this act shall take and receive at par, for any debt or 
liability to said association, any and all notes or bills issued by 
any association existing under and by virtue of this act. 

Skc. 35. That no associa'ion shall make any loan or discount on 



526 



HISTORY OF THE NATIONAL BANK8. 



the security of the shares of its own capital stock, nor be the pur- 
ehaser or holder of any such shares, unless such security or pur- 
chase shall be necessary to prevent loss upon a debt previously 
contracted in good faith; and stock so purchased or acquired, shall, 
within six months from the time of its purchase, be sold or dis- 
posed of at public or private sale, in default of which a receiver 
may be appointed to close up the business of the association, ac- 
cording to i he provisions of this act. 

Sec. 36. That no association shall, at any time, be indebted, or in 
any way liable, to an amount exceeding its capital stock at such 
time actually paid in and remaining undiminished by losses or 
otherwise, except on the following accounts; that is to say: 

First. On account of its notes of circulation. 

Second. On account of moneys deposited with, or collected by, 
such association. 

Third. On account of bills of exchange or drafts drawn against 
money actually on deposit to the credit of such association, or due 
thereto. 

Fourth. On account of liabilities to its stockholders for dividends 
and reserved profits. 

Sec. 37. That no association shall, either directly or indirectly, 
pledge or hypothecate any of its notes of circulation, for the pur- 
pose of procuring money to be paid in on its capital stock, or to be 
used in its banking operations, or otherwise; nor shall any asso- 
ciation use its circulating notes, or any part thereof, in any man- 
ner or form, to create or increase its capital stock. 

Sec. 38. That no association or any member thereof, shall, during 
the time it shall continue its banking operations, withdraw, or per- 
mit to be withdrawn, either in forms of dividends or otherwise, 
any portion of its capital. And if losses shall at any time have 
been sustained by any such association equal to or exceeding its 
dividend profits then on hand, no dividend shall be made; and no 
dividend shall ever be made by any association while it shall con- 
tinue its banking operations, to an amount greater than its net 
profits then on hand, deducting therefrom its losses and bad debts. 
And all debts due to any association on which interest is past 
due and unpaid for a period of six months, unless the same shall 
be well secured, and shall be in process of collection, shall be 
considered bad debt, within the meaning of this act: Provided, 
That nothing in this section shall prevent the reduction of the 
capital stock of the association under the thirteenth section of this 
act. 

Sec. 39. That no association shall at any time pay out on loans 
or discounts, or in purchasing drafts or bills of exchange, or in 
payment of deposits, or in any other mode pay or put in circulation 
the notes of any bank or banking association which shall not, at 
any such time, be receivable, at par on deposit and in payment of 
debts by the association so paying out or circulating such notes, 



HISTORY OF THE NATIONAL BANKS. 527 

nor shall it knowingly pay out or put in circulation any notwi 
issued by any bank or banking association, which, at the time of 
such paying out or putting in circulation, is not redeeming its cir- 
culating notes in lawful money of the United States. 

Srcc. 41. And in lieu of all existing taxes, every association shall 
pay to the Treasurer of the United States, in the months of Janu- 
ary and July, a duty of one-half of one per centum each half year 
from and after the first day of January, eighteen hundred and 
sixty-four, upon the average amount of its notes in circulation, and 
a duty of one-quarter of one per centum each half year upon the 
average amount of its deposits, and a duty of one quarter of one 
per centum each half year, as aforesaid, on the average amount cf 
its capital stock beyond the amount invested in United States 
bonds. And it shall be the duty of each association, within ten 
days from the first days of January and July of each year, to make 
a return under the oath of its president or cashier, to the Treas- 
urer of the United States, in such form as he may prescribe, of the 
average amount of its notes in circulation, and of the average 
amount of its deposits, and of the average amount of its capital 
stock beyond the amount invested in United States bonds, for the 
six months next preceding said first days of January and July as 
aforesaid: Provided, That nothing in this act shall be construed to 
prevent all the shares in any of the said associations, held by any 
person or body corporate from being included in the valuation of 
the personal property of such person or corporation in the assess- 
ment of taxes imposed by or under State authority at the place 
where such bank is located, and not elsewhere, but not at a greater 
rate than is assessed upon other moneyed capital in the hands of 
individual citizens of such State : Provided further, That the tax so 
imposed under the laws of any State upon the shares of any of the 
associations authorized by this act shall not exceed the rate im- 
posed upon the shares in any of the banks organized under author- 
ity of the State where such association is located : Provided, also, 
That nothing in this act shall exempt the real estate of associations 
from either State, county, or municipal taxes to the same extent, 
according to its value, as other real estate is taxed. 

Sec. 42. That any association may go into liquidation and be 
closed by the vote of its shareholders owning two-thirds of its stock. 
And whenever such vote shall be taken it shall be the duty of the 
board of directors to cause notice of this fact to be certified, un- 
der the seal of the association, by its president or cashier, to the 
Comptroller of the Currency, and publication thereof to be made 
for a period of two months in a newspaper, published in the city 
of New York, and also in a newspaper published in a city or town 
in which the association is located; and one year after that time 
the outstanding notes of said association shall be redeemed at the 
Treasury of the United States, and the said association and th« 
■hareholders thereof shall bo discharged from all liabilities therefor 



528 HI9T0RT OF TIIE NATIONAL BANKS. 

Sec. 44. That any bank incorporated by special law, or any 
banking institution organized under a general law of any State, 
may, by authority of this act, become a national association under 
its provisions, by the name prescribed in its organization certifi- 
cate; and in such case the articles of association and the organi- 
zation certificate required by this act may be executed by a ma r 
jority of the directors of the bank or banking institution; and 
said certificate shall declare that the owners of two-thirds of the 
capital stock shall have authorized the directors to make such 
certificate and to change and convert the said bank or banking 
institution into a national association under this act. And a ma- 
jority of the directors, after executing said articles of association 
and organization certificate, shall have power to execute all other 
papers, and to do whatever may be required to make its organiza- 
tion perfect and complete as a national association. The shares 
of any such bank may continue to be for the same amount each as 
they were before said conversion, and the directors aforesaid may 
be the directors of the association until others are elected or ap- 
pointed in accordance with the provisions of this act; and any 
Siate bank which is a stockholder in any other bank, by authority 
of State laws, may continue to hold its stock, although either bank, 
or both, may be organized under and have accepted the provi- 
sions of this act. When the Comptroller shall give to such asso- 
ciation a certificate, under his hand and official seal, that the 
provisions of this act have been complied with, and that it is au- 
thorized to commence the business of banking under it, the asso- 
ciation shall have the same powers and privileges, and shall be 
subject to the same duties, responsibilities and rules, in all respects 
as are prescribed in this act for other associations organized under 
it, and shall be held and regarded as an association under this 
act: Provided, however, That no such association shall have a less 
capital than the amount prescribed for banking associations un- 
der this act. 

Sec. 45. That all associations under this act, when designated 
for that purpose by the Secretary of the Treasury, shall bo depos- 
itaries of public money, except receipts from customs, under such 
regulations as may be prescribed by the Secretary; and they may 
also be employed as financial agents of the Government. ; and they 
shall perform all such reasonable duties, as depositaries of public 
moneys and financial agents of the Government, as maj be re- 
quired of them. And the Secretary of the Treasury shall .*equire 
of the associations thus designated satisfactory security, by the 
deposit of United States bonds and otherwise, for the safe keeping 
and prompt payment of the public money deposited with them, 
and for the faithful performance of their duties as financial agents 
cf the Government : Provided, That every association which shall 
be selected and designated as receiver or depositary o the pub- 
lio money, shall take and receive ut par all of the D—,ioual our- 



HISTORY OF TEE NATIONAL BANKS. 529 

rency bills, by whatever association issued, which have been 
paid in to the Government for internal revenue, or for loans or 
stocks. 

Sec. 46. That if any such association shall at any time fail to 
redeem, in the lawful money of the United States, any of its cir- 
culating notes, when payment thereof sball be lawfully demanded 
during (he usual hours of business, at the office of such association, 
or at its place of redemption aforesaid, the holder may cause the 
same to be protested, in one package, by a notary public, unless 
the president or cashier of the association, whose notes are pre- 
sented for payment, or the president or cashier of the association 
at the place at which they are redeemable, shall offer to waive de- 
mand and notice of the protest, and shall, in pursuance of such of- 
fer, make, sign, and deliver to the party making such demand, an ad- 
mission in writing, stating the time of the demand, the amount 
demanded, and the fact of the non-payment thereof; and such notary 
public, on making such protest, or upon receiving such admission, 
shall forthwith forward such admission or notice of protest to the 
Comptroller of the Currency, retaining a copy thereof. And after 
such default, on examination of the facts by the Comptroller, and 
notice by him to the association, it shall not be lawful for the 
association suffering the same to pay out any of its notes, discount 
any notes or bills, or otherwise prosecute the business of banking, 
except to receive and safely keep money belonging to it, and to 
deliver special deposits. Provided, That if satisfactory proof be 
produced to such notary public, that the payment of any such 
notes is restrained by order of any court of competent jurisdiction, 
such notary public shall not protest the same ; and when the 
holder of such notes shall cause more than one note or package to 
be protested on the same day, he shall not receive pay for more 
than one protest. 

Sec. 56. That all suits and proceedings arising out of the pro- 
visions of this act, in whicli the United States or its officers or 
agents shall be parties, shall be conducted by the district attor- 
neys of the several districts, under the direction and supervision 
of the Solicitor of the Treasury. 

Sec. 57. That suits, actions, and proceedings against any asso- 
ciation under this act, may be had in any circuit, district, or 
territorial court of the United States held within the district in 
which such association may be established ; or in any State, 
county, or municipal court in the county or city in which said 
association is located, having jurisdiction in similar cases ( : Pro- 
vided, hoivever, That all proceedings to enjoin the Comptroller un- 
der this act shall be had in a circuit, district, or territorial court 
of the United States, held in the district in which the association 
is located. 

Sec. 58. That every person who shall mutilate, cut, deface, dis- 
figure, or perforate with holes, or shall unite or cement together, 
45 



530 HISTORY OF THE NATIONAL BANES. 

or do any other thing to any bank bill, draft, note, or other evi- 
dence of debt, issued by any such association, or shall cause or 
procure the same to be done, with intent to render such bank 
bill, draft, note, or other evidence of debt unfit to be reissued by 
said association, shall, upon conviction, forfeit fifty dollars to the 
association who shall be injured thereby, to be recovered by ac- 
tion in any court having jurisdiction. 

Sec. 61. That it shall be the duty of the Comptroller of the Cur- 
rency to report annually to Congress at the commencement of its 
session — 

First. A summary of the state and condition of every asso- 
ciation from whom reports have been received the preceding year 
at the several dates to which such reports refer, with an ab- 
stract of the whole amount of banking capital returned by them, 
of the whole amount of their debts and liabilities, the amount of 
circulating notes outstanding, and the total amount of means and 
resources, specifying the amount of lawful money held by them 
at the times of their several returns, and such other informa- 
tion in relation to said associations as, in his judgment may be 
useful. 

Sec. 110. That there shall be levied, collected, and paid a duty 
of one twenty-fourth of one per centum each month upon the aver- 
age amount of the deposits of money, subject to payment by check 
or draft, or represented by certificates of deposit or otherwise, 
whether payable on demand or at some future day, with any per- 
son, bank, association, company or corporation engaged in the 
business of banking; and a duty of one twenty-fourth of one per 
centum each" month, as aforesaid, upon the average amount of the 
capital of any bank, association, company or corporation, or per- 
son engnged in the business of banking, beyond the amount in- 
vested in United States bonds; and a duty of one-twelfth of one 
per centum each month upon the average amount of circulation 
issued by any bank, association, corporation, company or person, 
including as circulation all certified checks and all notes and 
other obligations circulated or intended to circulate, or to be used 
as money, but not including that in the vault of the bank, or re- 
deemed and on deposit for said bank, and an additional duty of 
one-sixth of one per centum each month upon the average amount 
of such circulation, issued as aforesaid, beyond the amount of 
ninety per centum of the capital of any such bank, association, 
corporation, company or person, and upon any amount of such 
circulation beyond the average amount of the circulation that had 
been issued as aforesaid by any such bank, association, corpora- 
tion, company or person, for the six months preceding the first 
day of July, eighteen hundred and sixty-four. And on the first 
Monday of August next, and of each month thereafter, a true and 
accurate return of the amount of circulation, of deposit and of 
capital, as aforesaid, for the previous month, shall be made and 



HISTORY OF TIIE NATIONAL BANKS. 



531 



rendered in duplicate by each of such banks, associations, corpo 
rations, companies or persons, to the assessor of the district in 
which any such bank, association, corporation or company may be 
located, or in which such person may reside, with a declaration 
annexed thereto, and the oath or affirmation of such person, or 
the president or cashier of such bank, association, corporation or 
company, in such form and manner as may be prescribed by the 
Commissioner of Internal Revenue, that the same contains a true 
and faithful statement of the amount of circulation, deposits, and 
capital, as aforesaid, subject to duty as aforesaid, and shall trans- 
mit the duplicate of said return to the Commissioner of Internal 
Revenue, and within twenty days thereafter shall pay to the said 
Commissioner of Internal Revenue the duties hereinbefore pre- 
scribed upon the said amount of circulation, of deposits and of 
capital, as aforesaid. 



History of Finances, Loans, Bonds, 



Treasury notes prior to 
1846. 



Treasury notes of IS 16. 



Mexican indemnity. 



Treasury notes of 1847.. 



Loan of 1817., 



Bounty land scrip., 



Texan indemnity stock 



Treasury notes of 1857. 



532 



Unclaimed dividends upon debt created prior to 1800, and 
the principal and interest of t lie outstanding debt cre- 
ated during the war of 1812, and up to 1S37. 

The acts of October 12, 1837, (:"> Statutes, 201;) May 21, 1838, 
("> Statutes, 22s;) March 31, 1840, (5 Statutes, 370:) Feb- 
ruary (5, 1841, (a Statutes, -i 1 1 ; > January 31, 1842, (5 Stat- 
utes, 469;) August 31, 1842, (5 Statutes, 581;) and March 
3, IS 13, (5 Statutes, 614; ) authorized t he issue of Treasury 
notes in various amounts, and with interest at rates 
named therein, from 1 mill to 6 per centum per annum. 

The act of July 22, 1846, (9 Statutes, 39;) authorized the 
issue of Treasury notes in such sums as the exigencies 
of the Government might require; the amount out- 
standing at any one time not to exceed $10,1X10,000, to 
bear Interest at not exceeding 6 per centum per annum, 
redeemable one year from date. These notes were re- 
ceivable in payment of all debts due the United States, 
including customs-duties. 

A proviso in the civil and diplomatic appropriation act of 
August lo, 1846, (9 Statutes, 94,) authorized the payment 
of the principal and interest of the fourth and tilth in- 
stallments of the Mexican indemnities due April and 
July, 1814, by the issue of stock, with interest at 5 per 
centum, payable in live years. 

The act of January 28, 1S47, (9 Statutes, 118.) authorized 
the issue of §23,oiio,ooo Treasury notes, with interest at 
not exceeding i) per centum per annum, or the issue of 
stock for any portion of the amount, with interest at 
6 per centum per annum. Tho Treasury notes under 
this act were redeemable at the expiration of one or two 
years, and the interest was to cease at the expiration 
of sixty days' notice. These notes were receivable in 
payment of all debts due the United States, including 
customs-duties. 

The act of January 28, 1S47, (9 Statutes, lis.) authorized 
the issue of $23,000,000 Treasury notes, with interest at 
not exceeding fi per centum per annum, or the issue ot 
stock for any portion of the amount, with interest at 
6 per centum per annum, re-iinbursable after December 
31, 1867. Section 14 authorized the conversion of Treas- 
ury notes under this or any preceding act into like 
stock, which accounts for the apparent overissue. 

The 9th section of the act of February 11, 1847, (9 Statutes, 
125,) authorized the issue of land warrants to soldiers 
of the Mexican war, or scrip, at the option of the sol- 
diers, to bear 6 per centum interest per annum, redeem- 
able at the pleasure of the Government, by notice from 
the Treasury Department. Interest ceases July 1, 1849. 

The act of September 9, ISM, (9 Statutes, 447,) authorized 
the issue of $lo,ooo,ooo stock, with interest at 5 per cent- 
um per annum, to the State of Texas, in satisfaction of 
all claims against the United States arising out of the 
annexation of the said State. This stock was to be 
redeemable at the end of fourteen years. 

The act of December 23, 1857. (11 Statutes, 257,) authorized 
the issue of $20,000,000 in Treasury notes, $6,000,000 with 
interest at not exceeding 6 per centum per annum, and 



Legal Tender Notes, etc., of the Century. 



Length of 
loan. 



14 2 years 



1 year. 



6 years. 



1 & 2 years 



20 years. 



Indefinite. 



14 years. 



1 year. 



When re- 
deemable. 



I & 2 years 
from date. 



1 year from 
date. 



April and 
July, 1849. 



After fiO 
days' notice 



Jan. 1, 1868, 



July 1, 1849. 



Jan. 1, 1865 



60 days' no 
tice. 



Rates of 
interest. 



5 and 6 per 
cent, 



1 mill to 6 
per cent. 



6 per cent. 



5 per cent. 



6 per cent, 



6 per cent 



per cent. 



& 5}£ per 
cent. 



which 

sold. 



Amount au 
thori/.ed. 



$10,000,000 00 



23,000,000 00 



23,000,000 00 



10,000,000 III 



20,000,000 00 



Amount is- 
sued. 



28,207,000 00 



5,000,000 00 



20,000,000 00 



Amount 
outstanding. 



557,665 00 
82,575 35 



6,000 00 



1,250 00 



3,400 00 



2.000 OC 



533 



534 



HISTORY OF FINANCES, LOANS, BONDS, 



Loan of 1858.. 
Loan of I860.. 



Loan of February, 1861 
(1881a.) 



Treasury Notes of 1861. 



Oregon war debt., 



Loan of July and Au- 
gust, 1801 (1881s.) 



Old demand notes., 



Seven-thirties of 1861. 



the remainder with interest at the lowest rates offered 
by bidders, but not exceediug 6 per centum per annum. 
These notes were redeemable at the expiration of one 
year, and interest was to cease jat the expiration of 
sixty days' notice after maturity. They were receivable 
in payment of all debts due the United States, including 
customs-duties. 

The act of June 14, 1858, (11 Statutes, 365,) authorized a 
loan of f20,000,000, with interest at not exceeding 5 per 
centum per annum, and redeemable any time after 
January 1, 1874. 

The act of June 22. 1860, (12 Statutes, 79,) authorized a 
loan of $21,000,1)00, (to be used in redemption of Treasury 
notes,) with interest at not exceeding 6 per centum per 
annum, redeemable in not less than ten nor more than 
twenty years. 

The act of February 8, 1861, (12 Statutes, 129,) authorized 
a loan of 925,000,000, with interest at not exceeding 6 per 
centum per annum, reimbursable in not less than ten 
nor more than twenty years from the date of the act. 

The act of March 2, 1861, (12 Statutes, 178,) authorized a 
loan of $10,000,000, with interest at not exceeding 6 per 
centum per annum, redeemable on three months' notice 
after July 1, 1871, and payable July 1, 1881. If proposals 
for the loan were not satisfactory, authority was given 
to issue the whole amount in Treasury notes, with in- 
terest at not exceeding 6 per centum per annum. The 
same act gave authority to substitute Treasury notes 
for the whole or any part of loans authorized at the 
time of tho passage of this act. These notes were to be 
received In payment of all debts due the United States, 
including customs-duties, and were redeemable at any 
time within two years from the date of the act. 

The act of March 2, 1861, (12 Statutes, 193,) appropriated 
$2,800,000 for the payment of expenses incurred by the 
Territories of Washington and Oregon in the suppres- 
sion of Indian hostilities in the years 1855 and 1856. 
Section 4 of the act authorized the payment of these 
claims in bonds redeemable in twenty years, with in- 
terest at 6 per centum per annum. 

The act of July 17, 1861, (12 Statutes, 259), authorized the 
issue of $250,000,000 bonds, with interest at not exceeding 
7 per centum per annum, redeemable after twenty 
years. The act of August 5, 1861, (12 Statutes, 331,) 
authorized the issue of bonds, with interest at 6 per 
centum per annum, payable after twenty years from 
date, in exchange for 7-30 notes issued under the act of 
July 17, 1861. None of such bonds were to be issued for 
a sum less than 8500, and the whole amount of them was 
not to exceed the whole amount of 7-30 notes issued 
under the above act of July 17. The amount issued in 
exchange fur 7-308 was $139,321,200. 

The act of July 17, 1861, (12 Statutes, 259,) authorized the 
issue of $50,000,000 Treasury notes, not bearing interest, 
of a less denomination than fifty dollars and not less 
than ten dollars, and payable on demand by the assist- 
ant treasurers at Philadelphia, New York, or Boston. 
Tho act of August 2, 1861, ( 12 Statutes, 313,) authorized 
the issue of these notes in denominations of five dollars ; 
it also added the assistant treasurer at Saint Louis and 
the designated depositary at Cincinnati to the places 
where these notes were made payable. The act of Feb- 
ruary 12, 1862, (12 Statutes, 338,) iucreased the amount 
of demand notes authorized $10,000,000. 

The act of July 17, 1861, (12 Statutes, 259,) authorized a 



LEGAL TENDER NOTES, ETC., OF THE CENTURY. 535 



Length of 
loan. 



When re 
deemable. 



Rates of 
interest. 


Price 

at 

which 

Bold. 


5 per cent. 


Par. 


5 per cent. 


Par. 


6 per cent. 


Par. 


6 per cent. 


Par. 


per ceDt. 


Par. 


G per cent. 


Par. 


6 per cent. 


Par. 


None. 


Par. 


7 3-10 p. c. 


Par. 



Amount au- 
thorized. 



Amonnt is 
sued. 



Amount 
outstanding. 



15 years. 
10 years. 

10 or 20 yrs 

2 years. 
60 days. 



20 years. 



20 years. 



Jan. 1, 1874. 
Jan. 1, 1871. 

Jan. 1, 1881. 



2 yrs. after 

date. 
fiOdays after 

date. 



July 1, 1881. 



July 1, 1881 



$20,000,000 00 
21,000,000 00 

25,000,900 00 



22,46^,100 00 
12,896,3511 08 
22*468,100 00 

12,896,350 00 



2,SOO,000 00 



250,0u0,000 00 



120.000,000 00 
7,022,000 00 

18,415,000 00 

35,364,450 00 
35,364,450 00 



$394,000 000 
10,000 00 

18,415,000 00 

3,150 00 
3,150 00 



1,090,850 00 



50.000,000 00 
139,321,200 00 



945,000 00 



189,321,350 00 



On demand 



60,000,000 00 



60,000,000 00 



76.732 80 



3 years. 



Aug. 19 and 
Oct. 1, 1864. 



140,094,750 00 



140,094,750 00 



19,200 00 



536 



HISTORY OF FINANCES, LOANS, BONDS, 



Five-twenties of 1862... 



Legal tender notes. 



Temporary loan. 



Certificates of indebt- 
edness. 



Fractional currency... 



loan of $250,000,000, part of which was to be in Treasury 
notes, with interest at 7 3-10 per centum per annum, 
payable three years after date. 

The act of February 25, 1S62, (12 Statutes, 345, ) authorized 
a loan of $500,000,000, for the purpose of funding the 
Treasury notes and floating debt of the United States, 
and the issue of bonds therefor, with interest at 6 per 
centum per annum. These bonds were redeemable 
after five and payable twenty years from date. The act 
of March 3, 1864, (13 Statutes, 13,) authorized an addi- 
tional issue of $11, 000,000 of bonds to persons who sub- 
scribed for the loan on or before January 21, 18m. The 
act of January 28, 1865, (13 Statutes, 425,; authorized an 
additional issue of $4,000,000 of these bonds and their sale 
in the United States or Europe. 

The act of February 25, 1862, (12 Statutes, 345,) authorized 
the issue of $150,000,000 United States notes, not bearing 
interest, payable to bearer, at the Treasury of the Unit- 
ed States, and of such denominations, not less than five 
dollars, as the Secretary of the Treasury might deem 
expedient, $5u,ooo,000 to be in lieu of demand notes au- 
thorized by the act of July 17, 1861,— these notes to be a 
legal tender. The act of July 11, 1862, (12 Statutes, 532,) 
authorized an additional issue of $150,000,000 United 
States Treasury notes, of such denominations as the 
Secretary of the Treasury might deem expedient ; but 
no such note should be for a fractional part of a dollar, 
and not more than 835,000,000 of a lower denomination 
than five dollars ;— these notes to be a legal tender. The 
act of March 3, 1863, (12 Statutes, 710,) authorized an 
additional issue of 8150,000,000 United States notes, pay- 
able to bearer, of such denominations, not less than one 
dollar, as the Secretary of the Treasury might prescribe; 
which notes were made a legal tender. The same act 
limited the time at which Treasury notes might be 
exchanged for United States bonds to July 1, 1863. The 
amount of notes authorized by this act were to be in 
lieu of {100,000,000 authorized by the resolution of Janu- 
ary 17, 1S63, (12 Statutes. 822.) 

The act of February 25, 1862, (12 Statutes, 346.) authorized 
temporary loan deposits of 926,000,000 for not less than 
thirty days, with interest at 5 per centum per annum, 
payable after ten days' notice. The act of March 17, 
1862, (12 Statutes, 370,) authorized the increase of tem- 
porary loan deposits to $50,000,000. The act of July 11, 
1862. (12 Statutes, 532,) authorized a further increase of 
temporary loan deposits to $100,000,000. The act of June 
30, 1864, (13 Statutes, 218,) authorized a further increase 
of temporary loan deposits to not exceeding $150,000 000, 
and an increase of the rate of interest to not exceeding 
6 per centum per annum, or a decrease of the rate of in- 
terest on ten days' notice, as the public interest might 
require. 

The act of March 1, 1862, (12 Statutes, 352,) authorized the 
issue of certificates of indebtedness to public creditors 
who might elect to receive them, to bear interest at the 
rate of 6 per centum per annum, and payable one year 
from date, or earlier, at the option of the Government. 
The act of May 17, 1862, (12 Statutes, 370,) authorized the 
issue of these certificates in payment of disbursing 
Officers' checks. The act of March 3, 1863, (12 Statutes, 
710,) made the interest payable in lawful money. 

The act of July 17, 1862, (12 Statutes, 592,) authorized the 
use of postal and other stamps as currency, and made 
them receivable in payment of all dues to the United 



LEGAL TENDER NOTES, ETC., OF THE CENTURY. 537 



Length of 
loan. 



When re- 
deemable. 



Rates of 
interest. 



5 or 20 yrs May 1, 1867. 



Mot less 
than 30 
days. 



1 year. 



On demand 



After 10 
days' notice 



1 year after 
date. 



On present- 
ation. 



6 per cent. 



which 
sold. 



None. 



4, 5, & 6 per 
cent. 



6 per cent. 



Amount au- 
thorized. 



$515,000,00000 



Par. 



Amount is- 
sued. 



$514,771,600 00 



450,000,000 00 



150,000,000 0i 



No limit. 



50,000,000 00 



Amount 
outstanding. 



$169,516,150 00 



915,420,031 00 382,000,000 00 



561.753,211 65 



223.625,663 45 



5,000 00 



45,881,295 67 



538 



HISTORY OF FINANCES, LOANS, BONDS, 



Loan of 1863., 



One-year notes of 1863. 



Two-year notes of 1S63. 



Coin certificates., 



Compound interest 
notes. 



Ten-forties of 1864. 



Five-twenties of March 
1864. 



States loss than five dollars. The 4th section of the act 
of March 3, 1863, ( 12 .Statutes, 711, J authorized the issue 
of fractional notes in lieu of postal and other stamps 
and postal currency ; made them exchangeable in sums 
not less than three dollars for United Slates notes, and 
receivable for postage and revenue stamps, and in pay- 
ment of dues to the United States, except duties on 
imports, less than five dollars ; and limited the anion nt 
to $50,000,000. The 5th section of the act of June 30, 1864, 
(13 Statutes, 220,) authorized an issue of $50,000,000 in 
fractional currency, and provided that the whole 
amount of these notes outstanding at any one time 
should not exceed this sum. 

The act of March 3, 1863, fl2 Statutes, 700,) authorized a 
loan of $900,000,000, and the issue of bonds, with interest 
at not exceeding 6 per centum per annum, and redeem- 
able in not less than ten nor more than forty years, 
principal and interest payable in coin. The act of June 
30, 1664, (13 Statutes, 2iy, I repeals so much of the preced- 
ing act as limits the authority thereunder to the cur- 
rent fiscal year, and also repeals the authority alto- 
gether except as relates to $75,000,000 of bonds already 
advertised for. 

The act of March 3, 1863, (12 Statutes, 710,) authorized the 
issue of $400,000,000 Treasury notes, with interest at not 
exceeding 6 per centum per annum, redeemable in not 
more than three years, principal and interest payable in 
lawful money, to he a legal tender for their face value. 

The act of March 3, 1863, I 12 Statutes, 710,) authorized the 
issue of §4110,000,000 Treasury notes, with interest at not 
exceeding 6 per centum per annum, redeemable in not 
more than three years, principal and interest payable 
in lawful money, to be a legal tender for their face 
value. 

The 5th section of the act of March 3, 1863, (12 Statutes, 
711.) authorized the deposit of gold coin and bullion 
with the Treasurer or any assistant treasurer, in sums 
not less than twenty dollars, and t lie issue of certifi- 
cates therefor in denominations the same as United 
States notes; also authorized the issue of these certifi- 
cates in payment of interest on the public debt. It 
limits the amount of them to not more than 20 per 
centum id' the amount of coin and bullion in the Treas- 
ury, and directs their receipt in payment fur duties on 
imports. 

The act of March 3, 1863, (12 Statutes, 709.) authorized the 
issue of $400,000,000 Treasury notes, with interest at not 
exceeding 6 per centum per annum, in lawful money, 
payable not more than three years from date, and to be 
a legal tender for their face value. The act of June 30, 
7864, (13 Statutes, 218.) authorized the issue of $200,000,- 
000 Treasury notes of any denomination not less than 
ten dollars, payable not more than three years from 
date, or redeemable at any time alter three years, with 
interest at not exceeding 7 3-10 per centum, payable in 
lawful money at maturity, and made them a legal ten- 
der for their bice value to the same extent as United 
States notes; $177,045,770 of the amount issued was in 
redemption of5 per cent, notes. 

The act of March 3, 1864, (13 Statutes, 1?,,) authorized the 
issue of $200,000,000 bonds, at not exceeding 6 per centum 
per annum, redeemable after fixe and payable not more 
than forty vears from date, in coin. 

The act of March ?,. 1<«4, (13 Statutes, 13,) authorized the 
issue of $200,000,000 bonds, at not exceeding 6 per centum 



LEGAL TENDER NOTES, ETC., OF THE CENTURY. 539 









Price 








Length of 


\V hen re- 


Rates of 


nt 


Amount au- 


Amount is- 


Amount 


loan. 


deemable. 


interest. 


which 

sold. 


thorized. 


sued. 


outstanding. 


17 years. 


July 1, 1881. 


6 per cent. 


Aver- 
age 
prein. 
<>f4,13. 


.$75,000,000 00 


$75,000,000 00 


$75,0(10,000 00 


1 year. 


1 year after 
date. 


5 per cent. 


Par. 


400,000,000 00 


44,520,000 00 

• 


74,775 00 


2 years. 


2 yrs. after 
date. 


5 per cent. 


Par. 


400,00(1,000 00 


166,480,000 00 


52,850 00 




On demand 


None. 


Par. 


Indefinite. 


502,776,400 00 


22,825,10000 


3 years. 


June 10,1867 
& May 15, 


fi per cent.. 
compound 


Par. 


100,000,000 00 


266,595,440 00 


415,210 00 




1668. 












I0or40yra 


March 1, 

1871. 


5 per cent. 


Par to 
7 p. C. 

prem. 


200,000,000 01) 


196,117,300 00 


194,567,300 00 




Nov. 1, 1869. 


6 per cent. 


Pur. 




3,882.500 00 


946.600 00 









540 



HISTORY OF FINANCES, LOANS, BONDS, 



Five-twenties of June 



Seven-thirties of 18B4 & 
* 1865. 



Navy pension fund. 



Five-twenties of 1865.... 



Consols of 1865., 



Consols of 1867.. 



per annum, redeemable after five and payable not more 
than forty years from date, in coin. 

The act of June 30, 1864, (13 Statutes, 218,) authorized a 
loan of $400,000,000, and the issue therefor of bonds re- 
deemable at not less than five nor more than thirty (or 
forty, if deemed expedient) years from date, with inter- 
est at not exceeding 6 per centum per annum, payable 
semi-annually in coin. 

The act of June 30, 1861, (13 Statutes, 218), authorized the 
issue of $2fii»,000,(KKi Treasury notes, of not less than ten 
dollars each, payable at not more than three years from 
date, or redeemable at any time after three years, with 
interest at not exceeding 7 3-10 per centum per annum. 
The act of March 3, 1865, (13 Statutes, 408,) authorized a 
loan of 1600,000,000, and the issue therefor of bonds or 
Treasury notes ; the notes to be of denominations of 
not less than fifty dollars, with interest in lawful money 
at not more than 7 3-10 per centum per annum. 

The act of July 1, 1861, (13 Statutes, 414,) authorized the 
Secretary of the Navy to invest in registered securities 
of the United States so much of the Navy pension fund 
in the Treasury January I and July 1 in each year as 
would not be required for the payment of naval pen- 
sions. Section 2 of the act of July 23, 1868, (15 Statutes, 
170,) makes the interest on this fund 3 per centum pet 
annum, in lawful money, and confines its use to the 
payment of naval pensions exclusively. 

The act of March 3, 186', (13 Statutes, 468,) authorized the 
issue of $600,000,000 of bonds or Treasury notes in addi- 
tion to amounts previously authorized; the bonds to 
be for not less than fifty dollars, payable not more than 
forty years from date of issue, or after any period not 
less than five years ; interest payable semi-annually at 
not exceeding 6 per centum per annum when in coin, or 
7 3-10 per centum per annum when in currency. In 
addition to the. amount of bonds authorize;! by this act, 
authority was also given to convert Treasury notes or 
other interest-bearing obligations into bonds author- 
ized by it. The act of April 12, 1866, (14 Statutes, 31.) 
construed the above act to authorize the Secretary of 
the Treasury to receive any obligations of the United 
States, whether bearing interest or not, in exchange for 
any bonds authorized by it, or to sell any of such bonds, 
provided the public debt is not increased thereby. 

The act of March 3, 1865, < 13 Statutes, 468,) authorized the 
issue of |6IIO,000,000 id' bonds or Treasury notes in addi- 
tion to amounts previously authorized ; the bonds to be 
for not less than fifty dollars, payable not more than 
forty years from date of issue, or after any period not 
less than five years; interest payable semi-annually, at 
not exceeding 6 per centum per annum when in coin, or 
7 3-10 per centum per annum when in currency. In 
addition to the amount of bonds authorized by this act, 
authority was also given to convert Treasury notes or 
other interest-bearing obligations into bonds author- 
ized by it. The act of April 12, 1866, (14 Statutes, 31,) 
construed the above act to authorize the Secretary of 
the Treasury to receive any obligations of the United 
States, whether bearing interest or not, in exchange for 
any bonds authorized by it, or to sell any of such bonds, 
provided the public debt is not increased thereby. 

The act of March 3, 1865, (13 Statutes, 468.) authorized the 
issue of $600,000,000 of bonds or Treasury notes in addi- 
tion to amounts previously authorized : the bonds to be 
for not less than fifty dollars, payable not more than 



LEGAI, TENDER NOTES, ETC., OF THE CENTURY. 541 



Length of 
loan. 



When re- 
deemable. 



5or 20yrs. Nov. 1,1869 



3 years. 



5 or 20 yrs. 



8 or 20 yrs 



5 or 20 pis 



Ang.15, 1807 
June 15,1808 
July 15, 1808 



Rates of 
interest. 



July 1, 1S70. 



July 1, 1872 



per cent, 



■lOp.c. 



3 per cent 



6 per cent 



Price 

at 
winch 
solrl. 



Amount au 
thori/.ed. 



$400,000,000 00 



800,000,000 01 



far. Indefinite. 



2 8^27,260 00 



Amount is- 
sued. 



379,002,350 00 



$145,561,300 00 



829,992,500 00 



14,000,000 00 



203,327,200 00 



Amount 
lutstanding. 



332,998,950 00 



37*1,010,050 0i 



$58,016,201) 00 



22S.450 00 



14,000,00000 



152,534,350 00 



202/03,100 00 



31 1,1.21,400 00 



542 



HISTORY OF FINANCES, LOANS, BONDS, 



Consols of 186S., 



Three per cent, certifi 
cates. 



Certificates of indebt 
edness of 1870. 



Funded loan of 1881. 



forty years from date of isRiie, or after any period not 
less than five years ; interest payable semi-annually, at 
not exceeding 6 per centum per annum when in coin, or 
7 3-10 per centum per annum when in currency. In 
addition to the amount of bonds authorized by this act, 
authority was also given to convert Treasury notes or 
other interest-bearing obligations into bonds author- 
ized by it. The act of April 12, I860, (14 Statutes, 31,) 
construed the above act to authorize the Secretary of 
the Treasury to receive any obligations of the United 
States, whether bearing interest or not, in exchange for 
any bonds authorized by it, or to sell any of such bonds, 
provided the public debt is not increased thereby. 

The act of March 3, 1805, (13 Statutes, 468,) authorized the 
issue of $600,000,000 of bonds or Treasury notes in addi- 
tion to amounts previously authorized: the bonds to 
be for not less than fifty dollars, payable not more than 
forty years from the date of issue, or after any period 
not lees than five dollars ; interest payable semi-annu- 
allyf at not exceeding 6 per centum per annum when in 
coin, or 73-10 per centum per annum when in currency. 
In addition to the amount of bonds authorized by this 
act, authority was also given to convert Treasury notes 
or other interest-bearing obligations into bonds author- 
ized by it. The act of April 12, 1866, (14 Statutes, 31,) 
construed the above act to authorize the Secretary of 
the Treasury to receive any obligations of the United 
States, whether bearing interest or not, in exchange for 
any bonds authorized by it, or to sell any of such bonds, 
provided the public debt is not increased thereby. 

The act of March 3, 1867, (14 Statutes, 558,) authorized the 
issue of |50,000,000 in temporary loan certificates of de- 
posit, with interest at 3 per centum per annum, payable 
in lawful money, on demand, to be U6ed in redemption 
of compound interest notes. The act of July 25, 1868, 
(15 Statutes, 183,) authorized $25,000,000 additional of 
these certificates, for the sole purpose of redeeming 
compound interest notes. 

The act of Julys, 1870* (16 Statutes, 197,) authorized the 
issue of certificates of indebtedness, payable five years 
after date, with interest at 4 per centum per annum, 
payable semi-annually, principal and interest, in law- 
ful money, to be hereafter appropriated and provided 
for by Congress. These certificates were issued, one- 
third to the State of Maine and two-thirds to the State 
Of Massachusetts, both for the use and benefit of the 
European and North American Railway Company, and 
were in full adjustment and payment of any and all 
claims of said States or railway company for moneys 
expended, or interest thereon, by the State of Massa- 
chusetts on account of the war of 1812-15. 

The act of .Inly 14, 1870, ( 16 Statutes, 272,) authorizes the 
issue of $200,000, niK) at 5 per centum, $300,000,000 at 4' 2 per 
centum, and $1,000,000,000 at 4 per centum, principal and 
interest payable in coin of the present standard value, 
at the pleasure of the United States Government, after 
ten years for the 5 per cents, after fifteen years for the 
4ii per cents, and after thirty years for the 4 per cents ; 
these bonds to be exempt from the payment of all taxes 
or duties of the United States, as well as from taxation 
in any form by or under State, municipal, or local 
authority. Bonds and coupons payable at the Treasury 
of the United States. This act not to authorize an 
increaseof the bonded debtof the United States. Bonds 
to be sold at not less than par iu coin, and the proceeds 



LEGAL TENDER NOTES, ETC., OF THE CENTURY. 



543 



Length of 
loun. 



5 or 20 yrs. 



July 1, 1873. 



6 years. 



10 years. 



Wlien re- 

deemable. 



6 per cent. 



Sep. 1, 187 



May 1, 1881. 



Rates of 
interest 



3 per cent. 



4 per cent. 



per cent 



which 

old. 



Par. 



Amount au- 
thorized. 



$42,539,350 00 



67S.3C2 41 



500,000,000 00 



Amount is- 
sued. 



Amount 
outstanding 



$42,539,350 00 



85,150,000 00 



200,000,000 00 



$37,474,000 00 



5,000 00 



678,000 00 



544 



HISTORY OF FINANCES, LOANS, BONDS, 



Certificates of deposit.. 



to be applied to the redemption of outstanding 5-20g, or 
to be exchanged tor said 5-2ils par for par. Payment of 
these bonds, when due, to be made in order of dates and 
numbers, beginning with each class last dated and 
numbered. Interest to cease at the end of three months 
from notice of intention to redeem. The act of January 
20, 1871, (16 Statutes, 399,) increases the amount of 5 per 
cents to $500,000,000, provided the total amount of bonds 
issued shall not exceed the amount originally author- 
ized, and authorizes the interest on any of these bonds 
to be paid quarterly. 
The act of June 8, 1872, (17 Statutes, 33(5,) authorizes the 
deposit of United States notes without interest, by 
banking associations, in sums not less than $10,000, and 
the issue of certificates therefor in denominations of 
not less than $5,000 ; which certificates shall be payable 
on demand, in United States notes, at the place where 
the deposits were made. It provides that the notes so 
deposited iu the Treasury shall not be counted as a part 
of the legal reserve, but that the certificates issued 
therefor may be held and counted by the national banks 
as part of their legal reserve, and may be accepted in 
the settlement of clearing-house balances at the places 
where the deposits therefor were made, and that the 
United States notes for which such certificates were 
issued, or other United States notes of like amount, 
shall be held as special deposits in the Treasury, and 
used only for the redemption of such certificates. 



LEGAL TENDER NOTES, ETC., OF THE CENTURY. 



545 



Length of 
loan. 


When re- 
deemable. 


Rates of 
interest. 


Price 

at 
which 
sold. 


Amount au- 
thorized. 


Amount is- 
sued. 


Amount 
outstanding. 


Indefinite. 


On demand 


None. 


Par. 


No limit. 


$137,675,000 00 


$58,760,000 00 














2,251,090,468 43 



46 



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WERT 
BOOKBIMDINC 
Grantvill* Pa 
M»rch ■ Apfil 1989 



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